Probate is not inherently negative, but it is time-consuming, and there can also be costs that accumulate during probate. If you would like to learn more about probate and probate avoidance methods, schedule a consultation with a licensed estate planning attorney. Learn more about probate in Marylan in this presentation.

1. IS PROBATE IN
MARYLAND ALWAYS
REQUIRED?
“Probate is not inherently negative, but it is time-consuming, and
there can also be costs that accumulate during probate. If you
would like to learn more about probate and probate avoidance
methods, schedule a consultation with a licensed estate planning
attorney.”
Colleen Sinclair Prosser
Annapolis, Maryland Estate Planning Attorney

2. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 2
You may assume that assets are immediately transferred to your heirs after you
die if you use a last will to state your final wishes. Many people are under this
impression, because a last will can seem like a very simple, straightforward
document. In reality, the heirs do not receive their inheritances right away,
because the will would be admitted to probate after your passing.
Probate can be briefly defined as the legal process of estate administration. The
heirs that are named in the last will may not be the only interested parties. There
could be outstanding debts, so creditors must be notified about the decedent's
passing. Plus, the court examines the will to make sure that it is valid.

3. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 3
The property that would pass through the probate process is property that was
in your sole, direct personal possession at the time of your passing. However,
there are a couple of exceptions to this rule. A simplified probate process could
be utilized if the estate is valued at $50,000 or less. The simplified process can
also be used if the estate is valued at $100,000 or less, and a surviving spouse is
the only inheritor.
All property transfers would not be subject to the probate process. Let's look at
some types of asset transfers that would not go through probate.

4. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 4
PAYABLE ON DEATH ACCOUNTS
A payable on death account is a bank or brokerage account that has a
beneficiary. These accounts are sometimes called transfer on death accounts or
Totten trusts.
If you create this type of account, you do not have to worry about surrendering
complete control while you are living, because the beneficiary would not be able
to access the resources while you are alive. After you pass away, the beneficiary
would assume ownership of the remainder in the account, and this transfer
would not be subject to the probate process.

5. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 5
PROPERTY HELD IN JOINT TENANCY
You can add another owner to property that is in your possession. If you add a
co-owner, this person is referred to as a joint tenant. As soon as you add the
joint tenant, this individual would own half of the property, and you would own
half of the property.
Joint tenancy typically comes with something called right of survivorship. After
the death of one joint tenant, ownership of the entirety of the property would be
transferred to the surviving joint tenant. Probate would not be a factor.

6. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 6
This can sound like a turnkey arrangement, but remember, you are surrendering
half ownership of the property while you are still alive, and this can potentially
cause difficulties. The portion of the property that is owned by the joint tenant
could be attached if he or she was to run into legal or financial problems. Plus,
you could not sell the entirety of the property, because you would not own all of
it.
LIFE INSURANCE PROCEEDS
You may have life insurance policies on your own life. After you die, assuming
the contractual terms were met, the company would pay the beneficiaries in a
direct fashion, and the probate court would not be involved.

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REVOCABLE LIVING TRUSTS
Revocable living trusts are very popular among people who want to facilitate
efficient asset transfers. Once you create the trust, you convey assets into it, you
can act as the trustee while you are living.
You name a successor trustee in the trust agreement. After you die, the
successor trustee would distribute assets to the beneficiaries in accordance with
your wishes, and these distributions would take place outside of probate.

8. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 8
SUMMARY
We have looked at a handful of the ways that assets can be transferred outside
of probate, but there are others. These are simple scenarios, but people who
have more complex estate planning objectives may implement advanced
strategies.
Probate is not inherently
negative, but it is time-
consuming, and there can
also be costs that accumulate
during probate. If you would
like to learn more about
probate and probate
avoidance methods, schedule
a consultation with a licensed
estate planning attorney.
Many attorneys offer free, no obligation initial consultations, so you can take the
first step without making any firm commitments.

9. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 9
REFERENCES
Forbes
http://www.forbes.com/sites/janetnovack/2012/10/14/the-forbes-guide-to-
estate-planning/
Cornell University Law School Legal Information Institute
http://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM

10. Is Probate In Maryland Always Required? www.sinclairprosserlaw.com 10
About the Author
Colleen Sinclair Prosser
Currently the owner and manager of SinclairProsser Law, LLC,
Colleen steers her firm with both a guiding hand and direct
involvement with the clients, bringing to the table a wealth of
Estate Planning experience from many years spent at the helm
of a busy law practice. Colleen is currently serving on the Board
of Trustees for By Their Side, Lifelong Advocates for
Marylanders with Developmental Disabilities. She formerly served on the Board
of Governors of the American Academy of Estate Planning Attorneys in the past.
EXPERIENCE
An established member of the American Academy of Estate Planning Attorneys,
Colleen offers years of experience in estate preservation and transfer. A strong
proponent of the living trust, she also focuses on wills, powers of attorney, living
wills, probate, trust administration, prenuptial agreements, nursing home
planning, and special needs planning. She strongly endorses long-term care
insurance and, in certain cases, life insurance and some annuities as valuable
estate preservation vehicles, and strives to assure the compatibility of her clients’
estate plan and financial plan. Sensitive to the challenges presented by lifestyle
and circumstance, Colleen addresses each situation with personal attention,
wisdom, and skill.
SinclairProsser Law, LLC
www.sinclairprosserlaw.com
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