Avoiding Probate in Maryland: What you Need to Know
If you’ve ever settled a loved one’s estate, you know the process can be slow, stressful, and public. Probate is the legal process of settling someone’s affairs after death, and in Maryland, it can take months or even years, depending on the size and complexity of the estate.
The good news is that with the right planning, you can help your loved ones avoid probate entirely which will save them time, expense, and emotional strain.
At Holt Legacy Law, we guide Maryland families through estate planning strategies that simplify the process and protect what matters most.
What Is Probate?
Probate is the court-supervised process of proving a will’s validity, paying debts and taxes, and distributing remaining assets to heirs.
In Maryland, the process is handled by the Register of Wills in the county where the decedent lived. Even with a valid will, your executor must file paperwork, inventory assets, and obtain court approval before distributions can be made.
While probate serves an important legal purpose, it can be time-consuming and exposes personal family and financial details to the public record.
Why Many Families Choose to Avoid Probate
Most people want to keep things simple for their loved ones. Avoiding probate offers several advantages:
Privacy: Probate filings become public records, while trust-based plans remain private.
Speed: Assets in a trust or joint ownership can transfer immediately, without court approval.
Cost Savings: Probate fees, executor commissions, and legal costs can significantly reduce the estate’s value.
Control: You decide how and when assets are distributed, rather than relying on court timelines.
How to Avoid Probate in Maryland
There are several strategies that can keep assets out of probate:
Revocable Living Trust: Assets titled in a trust transfer directly to beneficiaries without court involvement.
Joint Ownership: Property owned jointly with rights of survivorship passes automatically to the surviving owner.
Beneficiary Designations: Life insurance, retirement accounts, and some bank accounts can transfer directly when you name beneficiaries.
Transfer-on-Death (TOD) Accounts: Certain Maryland financial accounts can bypass probate with TOD designations.
Each option has pros and cons and the best solution depends on your goals, asset types, and family circumstances.
Do You Still Need a Will?
Yes. Even with a trust or other probate-avoidance tools, a pour-over will is still essential. It ensures any assets accidentally left out of your trust are transferred properly after your death.
Work with an Experienced Maryland Estate Planning Attorney
Avoiding probate isn’t about cutting corners- it’s about protecting your loved ones from unnecessary complexity.
At Holt Legacy Law, we create customized estate plans that minimize court involvement and give your family peace of mind. We’ll help you determine whether a trust, updated titling, or beneficiary designations make the most sense for your situation.
Take the First Step
Plan ahead now to spare your family from future stress.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
