A Last Will and Testament appoints a Personal Representative and provides specificity as to the decedent’s intentions regarding who receives their Estate. If your loved one did not leave a Will, which is referred to as dying Intestate, don’t worry, you will be able to Probate their Estate. However, Maryland has statutes and Rules that will dictate how to appoint a Personal Representative and who will and will not inherit from the Estate.
If all heirs are in agreement on who will serve as Personal Representative, they will all be required to sign a Consent stating so. These heirs may also sign Consents to allow the Personal Representative to serve without posting bond, which saves the Estate a significant administrative expense. If there is disagreement, administering the Estate will be delayed until the Court can schedule and hold a Judicial Probate hearing to hear everyone’s concerns regarding who should serve as Personal Representative and to appoint a Personal Representative. At that hearing a Personal Representative will be appointed and a bond amount set by a Judge in either the Orphans’ Court or the Circuit Court, depending on your county.
The Maryland Rules of Intestacy provide, with specificity, who will inherit and how inheritances are divided amongst those heirs. The Maryland Rules of Intestacy are extremely complex and evolve over time. Thus, consulting an Estates & Trusts attorney is always advisable.
After Probating an Intestate Estate, often the Personal Representative, as well as the heirs, seek an Estates & Trusts attorney to make a Last Will & Testament so their loved ones do not have a similar experience.