WHAT IS PROBATE?

We’ve all heard the familiar phrase “You can’t take it with you.”  Black’s Law Dictionary defines “Probate” as a “[c]ourt procedure by which a Will is proved to be valid or invalid; though in current usage this term has been expanded to generally refer to the legal process wherein the Estate of a decedent is administered.”  English and then American probate laws date back to ancient Roman times where Probate referred to unsealing a decedent’s Will.  Back then, six seals were required of the six witnesses to the Will.  The Will, of course, was the decedent’s Last Will and Testament which dictated their intent as to the transfer of their property, wealth, and other possessions and to whom.  The six witnesses needed to be present at the unsealing and to testify as to their witness and seal.  

Today, here in Maryland, a Will must be witnessed by two individuals to be valid.  And, if one does not have a Will, the state of Maryland has created Rules of Intestacy to create a paradigm for distributing a decedent’s property, wealth and possessions.  Probate is the legally required process to determine a decedent’s assets and transfer them appropriately, either based on their intent or the Rules of Intestacy, to the legal heirs of the estate.

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