Legal Question in Wills and Trusts in Maryland

Hi and thanks for your post. A lawyer does not have the power to decide whether something is a "small" or "regular" estate - that is based solely on the value of the property going through probate and is based on thresholds Maryland law sets up across the board. Sometimes additional assets might be discovered that bump an estate from a "small" to a "regular" estate. Six months is the shortest amount of time to administer an estate although 12-18 months is probably more typical. Complicated estates (such as those waiting on property or business interests to be sold or ones with contested litigation) can take 2-3 years or longer although the goal should be to wrap up in the shortest possible time under the circumstances.

Without knowing the specifics on this particular estate it is hard to gauge what "typical" processing time might entail in any given estate or why the attorney gave the time estimates s/he did. I'd encourage any client in your situation to sit down and talk with the attorney to get specific answers to your questions. In particular a client might ask why the lawyer believes an additional six months is necessary. Is there a tax return that needs to be filed for the decedent perhaps? Are there any claims that still need to be resolved or assets that need to be sold?

Keep in mind that the Personal Representative has the right to consult with and/or select a lawyer of their choosing to assist with the estate. While the above is not legal advice or a substitute for meeting with an attorney, I hope that it offers some help!