Legal Question in Wills and Trusts in Maryland

Re: no will

First, please accept my condolences for your loss.

In order to manage the estate, you will need to be appointed administrator. If your father had less than $15,000 in his own name (as opposed to a joint account, life insurance, retirement accounts, or other property that was jointly owned), you file a Petition for Voluntary Administration. If there was more than $15,000, you will file a Petition for Admininstration. You will need to wait for at least 30 days after your father's death to file.

In the meantime, you should get organized. Look around your father's house for tax returns, deeds, bank statements, bills, etc., etc. Closing down another persons affairs can be incredibly time-consuming, and being organized will make the job much easier. Your ability to close down accounts may be limited until you have your appointment as administrator in hand. Since your father died without a will, you will need the court's permission (called a License to Sell) to sell any real estate.

An experienced probate attorney can guide you through the steps you need to take, identify potential problems that can come with liquidating property or transferring ownership of property, and help you be sure that you follow specific requirements for filing documents, selling property, and filing the final tax return and possibly an estate tax return or income tax return for the estate.

Please feel free to contact me if I can be of assistance.

Re: no will

You file a petition with the local probate court and seek temporary appointment as his administrator.

Depending upon the assets he has it will impact the additional documents to be filed. If his assets exceed $15,000.00 you will need to do a regular filing as opposed to a small estate.

Please feel free to contact me without obligation.

Re: no will

Please accept my condolences for your loss.

You will need to file either a petition for administration or for voluntary administration if your father owned no real estate and not more than $15,000 in personal property solely in his name at his death.

If you need assistance retain an attorney. Good Luck!