This post is part 8 in our series on the probate process in Maryland. If you’ve missed any of our previous posts, please see our index to the posts in this series to catch up on anything you’ve missed! The Gormley Law Office is pleased to present this information on opening a regular estate proceeding in Maryland!
A regular estate proceeding is opened at the Register of Wills when you have determined that the value of the estate is in excess of $50,000 (or $100,000 if spouse is the sole legatee or heir).
The process to open this type of proceeding is similar to the small estate, but the forms used are different and there are other nuances in these estates. Because they are larger and more complex, we don’t recommend that individuals handle regular estates on a pro se basis.
The Petition for Administration (Form 1112) and Schedule A (Form 1136) are the forms used here. Just like the small estate petition, these forms ask about the domicile of the decedent, why the petitioner has a right to be appointed as the personal representative, whether the person that died had a will, and the eligibility of the petitioner to serve as personal representative, and the value of the probate assets and debts of the estate.
The Notice of Appointment (Form 1114) must be filed with the Petition. The notice is published by the Register of Wills office.
Additionally, a Nominal Bond (Form 1116) or Bond of Personal Representative (Form 1115) must also be filed with the petition. The nominal bond may be used if bond is expressly excused by the will or by written waiver of all interested persons. The bond of personal representative is used if the bond is not expressly excused by the will or by written waiver of all interested persons. An insurance company must execute the bond form.
The List of Interested Persons (Form 1104) may also be filed at this time but must be filed within 20 days after appointment. The list includes the name, address and relationship to the decedent of persons named to inherit in the will and heirs at law even if they are not named in the will. The Register of Wills may require additional documents depending on the circumstances in the estate.
The Appointment of Resident Agent (Form 1106) is required if the person petitioning is not a Maryland resident.
Consent to Appointment of Personal Representative (Form 1118) is required by all interested persons who have greater priority than the person petitioning.
A Waiver of Bond (Form 1117, or Form 1118 above) must be filed by all interested persons if the will does not excuse bond requirements and the estate wishes to file a nominal bond.
Note that these are just the steps to opening the estate; there are many other responsibilities that the Personal Representative must handle. We’ll cover those in our next post. In the meantime, contact the Gormley Law Office for your free consultation today!
Brian Gormley, Esq. is an attorney licensed in Maryland and the District of Columbia specializing in real estate, probate, estate litigation and other matters. If you need assistance, please use the Contact Feature at the bottom of this page.