When someone dies, one of the first things families hear is that they need to “go through probate.” Most people are not exactly sure what that means or whether it even applies to their situation.
Probate exists in every state, but the process is handled differently in each one. In Maryland, it generally follows a clear structure that most estates move through without unusual difficulty.
Why Probate Is Needed
When someone dies, it is not possible to step in and handle assets that were in the deceased’s name alone. There has to be legal authority to act.
For example, if a bank account is in one person’s name only, no one else can withdraw money from it—even a close family member such as a spouse or child. Probate is the process used to obtain that authority.
In Maryland, that authority is provided by appointing someone to act on behalf of the estate. That person is called the personal representative (often referred to as an executor in other states).
When Probate Is Required
So when is probate actually required? In most cases, it comes up when assets are owned individually and do not automatically pass to another person.
Typical situations include:
- a bank account with no joint owner
- real estate titled in one person’s name
- an account without a beneficiary designation
A common example is a house owned solely by the person who died. That property cannot be sold or transferred until a personal representative has been formally authorized to act on behalf of the estate.
When Probate Is Not Required
Some assets are set up to transfer automatically at death and do not go through probate.
These often include:
- jointly owned accounts
- assets with named beneficiaries
- life insurance or retirement accounts with designated recipients
- assets held in a trust
In these situations, ownership passes directly to another person or is handled outside of probate.
A Key Point to Keep in Mind
Whether probate is required depends on how assets were set up during life.
After death, those decisions largely control what happens next. If an asset is in the deceased’s name alone, probate is the process that must be used to transfer it.
When to Get Help
If you are responsible for handling an estate—or even just trying to figure out whether probate is required—speaking with a probate or estate administration attorney early on can help clarify how assets are titled and what that means for the next steps.
Once that is understood, you can move forward with a clearer sense of what needs to be done and how the process will unfold. Addressing this early can help prevent delays later in the administration.
Common Questions About Probate in Maryland
Do all estates go through probate in Maryland?
No. Probate is generally only required for assets that were titled in the decedent’s name alone and do not have a beneficiary designation.
How can I tell if probate is required?
The answer depends on how assets were titled. A quick review of accounts, property, and beneficiary designations will usually make this clear.
Can probate be avoided?
Yes. Probate can be avoided. Though whether it should be or not is a conversation to have with your attorney.