Let Simpson Law, PA, Guide You Through The Probate Process

Last updated on January 6, 2025

During the probate legal process, a deceased person’s assets and property are transferred to relatives, family members, friends, acquaintances and charities.

For probating of wills and mediation of estates in the absence of a will, our experienced estate planning and probate administration lawyers at Simpson Law, PA, can put your legal crisis behind you with hard work and personal service in Montgomery and Howard counties.

Simpson Law, PA, offers a full range of probate administration legal services designed to resolve potentially problematic estate issues swiftly and efficiently.

Suzanne Simpson, Esq. is a trained mediator who strives to help your Maryland, Virginia or Washington, D.C., family to prevent costly, lengthy probate litigation. If a dispute can only be resolved in the courtroom, Attorney Simpson will access a skilled litigator who can help you.

How Does Probate Work? 

There can be some variation in the rules surrounding probate in Maryland, Virginia and Washington, D.C. Here is a breakdown of how the process generally works:

1. Filing the petition: You typically initiate the probate process by bringing the will into probate court. The court may ask you to appoint an executor if there is a will. The court may appoint an estate administrator if there’s no executor.
2. Notifying the beneficiaries/creditors: After a petition is made, anyone who may have an interest in the estate, whether that be beneficiaries or creditors looking to collect debt, is notified of the probate through a formal notice.
3. Executor or administrator is appointed: After the notifications are sent out, the named executor or an administrator chosen by the court oversees the estate during the process.
4. Hand assets/pay debts: Once what is owed to who is established, the executor or administrator of the estate can appropriately distribute assets to beneficiaries and pay debts to creditors.

Other steps can be involved if any beneficiaries or creditors disagree with the distribution of assets and debts. For more detailed information about probate, contact us at 301-658-7951.

When Does An Estate Have To Go Through The Probate Process?

The probate process is necessary when a person passes away and leaves behind assets solely in their name or without designated beneficiaries. If the deceased had a valid will, the probate court will verify its authenticity and oversee the distribution of assets as outlined in the will.

In cases where there is no will, the estate will still go through probate, but the court will distribute the assets according to the state’s intestacy laws. The size and complexity of the estate can also influence the need for probate.

Smaller estates may qualify for simplified probate procedures, while larger or more complex estates will require formal probate. Additionally, certain assets, such as real estate, financial accounts or personal property without named beneficiaries, must go through probate to help ensure proper legal transfer to the heirs.

On the other hand, assets with designated beneficiaries, such as assets held in certain trusts, life insurance policies or retirement accounts, avoid probate.

What Are The Responsibilities Of A Probate Attorney?

A probate lawyer helps handle the probate process and can ensure the estate is settled according to legal requirements. They can help by:

• Clarifying probate terminology: Probate attorneys help clients understand the complex and confusing legal terms of probate, making the process more accessible. Additionally, an attorney helps ensure executors and beneficiaries fully grasp the implications of the proceedings and the specific duties they must fulfill.
• Assessing estate size and tax obligations: This includes calculating estate taxes, inheritance taxes and other related fees, as well as ensuring all obligations are satisfied before assets are distributed. An attorney can guide you on potential tax-saving strategies and help ensure compliance with state and federal tax laws.
• Facilitating property distribution: An attorney guides the executor in valuing the estate, settling outstanding debts, and distributing the remaining assets to the beneficiaries as outlined in the will or by state law. They can ensure all legal procedures are followed, minimizing the risk of disputes or delays in the distribution process. Also, the attorney’s involvement is crucial in complex situations involving multiple beneficiaries or assets that must be sold to cover debts.
• Addressing legal complications: Probate lawyers can address any legal complications that may arise during the process, such as disputes over the will’s validity or challenges from creditors. They represent the estate in court, advocating for a fair and equitable resolution to conflicts that may jeopardize the proper distribution of assets.
• Managing nonprobate transfers: Probate attorneys also manage assets not subject to probate, such as those with named beneficiaries or joint ownership. They can help ensure these assets are correctly transferred according to the deceased’s wishes, handling any legal formalities required to complete the transfer.

Understanding when estate assets must go through probate and a probate attorney’s crucial role can significantly ease the burden. With guidance, you can ensure the estate administration proceeds smoothly and legally, providing peace of mind to all involved.

Simpson Law, PA – Quality, Experienced Probate Legal Services

We personally attend to all aspects of your family’s probate administration process, such as:

• Advising a personal representative of all duties or acting as a personal representative
• Filing of documentation and issuance of notifications to beneficiaries and creditors
• A thorough inventory of an estate’s assets and debts
• Expediting location of, or title to, various assets
• Filing of tax returns
• Assistance with the distribution of assets
• Filing of final documents with the court

We understand that probate can be confusing and overwhelming for many people. While she is experienced and handling all of the technical elements of probate, she can also offer compassionate reassurance as you maneuver it and address any questions or concerns you have. Whether you address them by text, phone or email, we will respond to your inquiries as soon as possible.

Frequently Asked Questions About Probate

To help ensure the probate process goes smoothly, it is important to understand how the process works. Our attorneys at Simpson Law, PA, can educate you on probate laws and provide legal guidance on securing your legacy or execution of an estate.

How long does probate take?

The length of the probate process can greatly depend on the vastness of an estate and how and the testator’s wishes. Smaller estates may only take a few months to settle. For more complex estates that include real estate, businesses or valuables, the probate process could take over a year to settle. The time it takes to settle an estate may also lengthen depending on whether a will is contested. An attorney can help you ensure an estate is settled in a timely manner.

What types of assets are subject to probate?

Several types of assets may be subject to probate. These assets can include real estate, bank accounts and personal belongings, such as the following:

• Businesses
• Investment accounts
• Jewelry
• Electronics
• Land
• Clothing
• Furniture
• Vehicles

Assets that are not subject to probate can include the following:

• Trust assets
• Jointly-owned property
• Transfer on death accounts
• Retirement accounts
• Life insurance policies

It is important to understand what assets are subject to probate to help ensure an estate is executed according to probate laws.

Can probate be avoided?

Yes. Probate can be avoided by creating a living trust. Assets are transferred to the trust and distributed to beneficiaries once the testator passes away. Another way to avoid probate is by minimizing an estate. Our attorneys can help you explore your legal options to avoid probate.

What happens if there is a dispute during probate?

An heir or beneficiary may disagree with the will or how an estate is being handled by its executor and file a legal challenge. A dispute may not only delay the process, but if successful, the settlement of an estate may change. This could conflict with a testator’s last wishes – which is, again, why it is so critical to have legal guidance when making an estate plan.

What happens to debt during probate?

A testator may pass away with remaining financial obligations. The executor of the estate will be responsible for settling any outstanding debts with the use of estate funds before any remaining assets are distributed to beneficiaries.

You Don’t Have To Navigate Probate Alone – Call Today.

Simpson Law, PA, in Spencerville, has positively impacted many lives since attorney Simpson began the practice in 2003. Contact our Rockville probate administration attorneys at 301-658-7951 or by email for an initial consultation at our law office. We can accommodate your needs if you need to schedule an appointment during nontraditional business hours.