What to Do After a Death in Maryland

What to Do After a Death in Maryland

Practical and Legal Steps for Families & Executors

When someone close to you passes away, the emotional weight can be overwhelming. Yet during this time of grief, there are also practical and legal responsibilities that often need attention right away. Whether you’re a surviving spouse, adult child, or named executor, knowing what to do—and when—can help reduce stress and prevent costly missteps.



At Eleff Law, we work with families throughout Maryland to help them take the right steps after a loved one’s passing, with calm, compassionate legal support every step of the way.

1. Ensure Immediate Safety and Security

If your loved one lived alone, or if the home is now unoccupied, secure the residence right away. This includes:



• Locking doors and windows
• Securing valuables, vehicles, and sensitive documents
• Notifying a trusted neighbor or relative to check on the property

If you're unsure whether you have legal authority to enter the home, speak with an attorney first. In many cases, time-sensitive items—like perishable goods, pets, or medications—need attention even before probate is formally opened.

2. Notify Close Family, Advisors, and Employer

Begin informing close family members and those involved in your loved one’s personal or financial life. This may include:



• Siblings, children, or former spouses
• Financial advisor, accountant, or insurance agent
• Employer or HR department, especially if benefits or final pay are due

If the person was receiving Social Security or other benefits, do not cash any further checks until you’ve spoken with an attorney or the issuing agency.

3. Locate the Will or Estate Documents

Look for a Last Will and Testament, trust documents, power of attorney (which ends at death), or instructions regarding funeral arrangements. These may be stored:

• In a safe, file cabinet, or home office
• With the decedent’s attorney or financial advisor
• In a safe deposit box (which may require legal steps to access)

If a will is located, it must be filed with the Register of Wills in the Maryland county where your loved one lived, even if no probate is needed.

4. Request Certified Death Certificates

Order 6–12 certified copies of the death certificate from the funeral home or Maryland Department of Health. You’ll need them to:

• Open probate
• Transfer bank or investment accounts
• File life insurance claims
• Notify government agencies

Some institutions require originals, while others accept copies. Having extras can help avoid delays.

5. Make Funeral and Burial Arrangements

If no pre-planned arrangements exist, family members may need to coordinate:

• Burial or cremation
• Religious or memorial services
• Obituary notices
• Transportation of remains (if out-of-state)

Check the decedent’s Advance Medical Directive, will, or other documents for specific wishes regarding funeral services or disposition of remains.

6. Meet with an Estate Attorney

This is a critical step. Even simple estates can trigger complex legal responsibilities—especially if real estate, jointly owned property, or out-of-state assets are involved.

A qualified Maryland probate attorney can help you:

• Determine whether probate is necessary
  
• Understand the terms of the will or trust
  
• Identify next legal steps and court deadlines
  
• Reduce personal liability for debts or taxes
  
  

At Eleff Law, we guide personal representatives and family members through the entire estate process—from filing the initial petition to final distribution.

7. Open the Estate with the Register of Wills

To begin probate, the named executor (or an eligible family member, if there’s no will) must file:

• A petition for probate
• The original will (if one exists)
• A list of heirs
• An estimated inventory of assets

Once accepted, the court appoints a personal representative (Maryland’s term for executor), who gains legal authority to act on behalf of the estate. This includes handling property, accessing accounts, and paying debts.

8. Inventory and Secure Estate Assets

With legal authority in place, the personal representative must:

• Locate and value all estate property
  
• Identify bank accounts, retirement plans, investment portfolios
  
• Manage real estate, vehicles, and business interests
  
• Secure valuables and preserve property value (e.g., maintain insurance)
  

A formal inventory must be filed with the Register of Wills—typically within 90 days.

9. Notify Creditors and Pay Valid Debts

Maryland law requires that:

• A Notice of Appointment be published in a local newspaper
• Creditors be given 6 months from the date of death to file claims

Valid debts—such as final utility bills, credit card balances, or medical expenses—should be paid from the estate, not from the personal representative’s own funds. An attorney can help you determine which claims must be paid, and in what order.

10. Handle Taxes and Financial Filings

Depending on the estate size and complexity, you may need to file:

• Maryland and federal income tax returns for the decedent
• Fiduciary income tax returns for the estate
• Maryland estate tax return (if estate exceeds $5 million)
• Federal estate tax return (if applicable)

Tax filings can be intricate and time-sensitive. We coordinate with your CPA or tax advisor to ensure compliance.

11. Distribute Assets and Close the Estate

Once debts, taxes, and administrative costs are handled, remaining assets can be distributed to heirs or beneficiaries. This process must follow the will, trust, or Maryland intestacy law.

Final steps include:

• Filing an accounting or certificate of compliance
• Disbursing specific bequests or percentage shares
• Transferring title to property or financial accounts
• Closing the estate with the court

We assist with the final report, distribution logistics, and any necessary court filings to ensure smooth closure.

Trusted Probate Support for Maryland Families

Navigating the legal aftermath of a death isn’t easy—but you don’t have to do it alone. At Eleff Law, we provide steady, experienced guidance to help families manage this process with confidence and peace of mind.

Speak with Attorney Susan Eleff for trusted probate counsel in Maryland.