Probating a Will in Montgomery County

Probating a will in Montgomery County can involve paying taxes or debts, gathering assets, determining the validity of the will, and settling disputes over who is to inherit and distribute the assets. This can be a complex process, which is why it may be a good idea to obtain the services of a skilled probate lawyer. A seasoned attorney could give you legal advice and possibly help you come to a successful conclusion. Call today to set up a consultation.

Appointing a Personal Representative

In Montgomery County, the process of appointing someone as a personal representative is essentially a petition to the court to open the estate and administer the estate. The court will appoint someone as a personal representative, although it may not be the individual who initially petitions the court. It could be someone is a member of the fiduciary panel who will serve as a personal representative. Someone must be named personal representative of the estate or the estate would not be opened. The personal representative is essential to probating a will in Montgomery County.

Petition of a Will

In a situation where someone has petitioned the probate court to open an estate and also petitioned the court to compel a certain person to produce the original will, the probate court would compel the named individual to produce the will in order for the court to follow instructions left by the decedent in the will. If there was no valid will in place, then the court would open the estate as an intestate estate and the distributions would be made according to the laws of intestacy. If an individual has a valid will, they would want whoever has possession of the will to come forward so that they can actually probate the will.

Foreign Wills

A foreign will is one that has been drafted and executed outside of the United States. In order for a foreign will to be valid, it must comply with the requirements of Maryland law, which are:

  • Signed by the testator
  • Signed by witnesses
  • The testator must have had the capacity to sign the will
  • The certification has to be attached to the will from the foreign country certifying that it is a valid will under that jurisdiction’s law

Process of Probating a Will in Montgomery County

The process of probating a foreign will is the same as probating a domestic will. When probating a will in Montgomery County there are certain requirements that must be met. These prerequisites include filing an accounting report, collecting all of the assets of the estates, paying any enforceable debts, making distributions to the beneficiaries, giving notice to all interested persons, and if it is a large estate, the individual would have to make sure that they file the inventory.

A seasoned attorney could make sure that you have filled out all the required documents and have followed protocol. This is why you may want to consult with a lawyer about probating a will in Montgomery County. The sooner a lawyer is contacted, the sooner they could begin assisting you. Call today to get started.