Probate Attorney

Not in every case. Whether probate is required depends on the nature, value, and titling of the deceased person’s assets.

In Maryland, if the total value of the probate assets is under $50,000 (or $100,000 if the surviving spouse is the only heir), the estate may qualify for small estate administration, which is faster and less complex.

Assets that do not require probate include:

• Property held jointly with right of survivorship
• Accounts with named beneficiaries (like life insurance or retirement accounts)
• Assets held in a revocable or irrevocable trust
• Payable-on-death (POD) or transfer-on-death (TOD) designations

However, if the decedent owned real estate solely in their name, or left behind accounts or assets not structured to bypass probate, the estate likely requires regular estate administration.

At Eleff Law, we perform a comprehensive review of all assets, titles, and beneficiary designations to determine the right path. In many cases, we also help clients avoid probate in the future by structuring their own estate planning accordingly.

The personal representative (PR) is the individual legally responsible for administering the estate through probate. In Maryland, a PR may be named in the will, or—if there is no will—appointed by the Orphans’ Court based on a statutory priority list (usually starting with the spouse or adult children).

The PR’s duties are substantial and include:

• Locating and securing all assets
• Filing a petition to open probate with the Register of Wills
• Sending required notices to heirs, creditors, and beneficiaries
• Paying final debts, taxes, and expenses
• Filing inventories and accountings with the court
• Distributing remaining assets according to the will or state law

The PR has a fiduciary duty to act honestly, prudently, and in the best interests of the estate and its beneficiaries. Mistakes—such as mismanaging funds, failing to notify parties, or missing court deadlines—can lead to legal liability.

Many personal representatives are family members unfamiliar with legal procedures. We offer step-by-step legal support, draft filings, track deadlines, and help them fulfill their obligations correctly and efficiently.

Probate length varies, but most regular estates take 9–18 months to fully resolve. In complex or contested cases, it can extend further.

Key timing factors include:

• Whether the estate qualifies as a small estate
• How many assets must be appraised or sold (e.g., real estate)
• The presence of out-of-state property requiring ancillary probate
• How quickly creditors and taxes are resolved
• Whether there are disputes among heirs or beneficiaries
• Court backlog in the county’s Register of Wills or Orphans’ Court

Certain steps have statutory timing—such as a 6-month creditor claim window. But other delays can occur if a PR is slow to act or unsure how to proceed.

At Eleff Law, we help families avoid unnecessary delays. We provide a probate timeline, track tasks and deadlines, and keep the process moving forward while protecting the estate from risk.

When a person dies intestate in Maryland, the estate is governed by state inheritance laws, which dictate:

• Who inherits, and in what shares
• Who has priority to serve as personal representative
• What steps must be taken to distribute the estate

For example, a surviving spouse does not automatically inherit everything, especially if the decedent had children from another relationship. Unmarried partners, stepchildren, and close friends receive nothing under intestacy laws—regardless of the decedent’s intentions.

The estate will still go through probate, but without the guidance of a will, decisions can be slower and more difficult. We help surviving family members understand their rights, complete the necessary legal filings, and carry out the estate administration in accordance with the law.

We also counsel clients during estate planning to ensure their own estate avoids these unintended outcomes.

Yes. While many probate cases proceed smoothly, others involve disputes that require legal intervention.

Common probate disputes in Maryland include:

• Will contests, where a beneficiary or heir claims the will is invalid due to lack of capacity, undue influence, or fraud
• Executor misconduct, such as mismanaging funds or failing to follow the will’s terms
• Heir disputes, especially in blended families or unclear inheritance situations
• Creditor claims, where debts are disputed or improperly submitted
• Ambiguities or errors in estate documents that create confusion about distribution

Disputes are handled in the Orphans’ Court, and can significantly delay the closing of the estate if not resolved properly.

Susan Eleff represents both executors and beneficiaries in contested probate matters. Her approach emphasizes practical resolution when possible, but she is prepared to advocate firmly in court when necessary. We help families avoid escalation—but protect their interests when conflict becomes unavoidable.