What property is subject to probate?

The property subject to probate in Maryland is the assets of a deceased person (called “decedent”) that have not been distributed outside of probate court. If a person dies without leaving a will, the assets that were owned by them individually or jointly with someone else become part of the “estate” and are subject to probate. In order for the decedent’s estate to be distributed, it must go through the probate process. This includes filing a petition with the court to open the probate case, identifying and gathering the decedent’s assets, paying all outstanding debts and taxes, and then distributing any remaining funds and assets to the decedent’s heirs according to the laws of intestate succession. Assets that are subject to probate can include real estate, bank or investment accounts, vehicles, and personal items such as furniture and jewelry. In Maryland, certain types of property such as life insurance policies, retirement accounts, and trusts are not subject to probate. These are distributed outside of the probate process according to the terms of the policies or trust, or according to the laws governing the type of account involved. In Maryland, the probate process can be complicated and time consuming. Depending on the size and scope of the estate, it can take anywhere from six months to several years for the assets to be distributed to the decedent’s heirs. It is important to understand what property is subject to probate in your state in order to properly plan for the distribution of your estate after you pass away.

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What property is subject to probate?

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