The Office of Maryland Register of Wills is described as a public office that his established according to the Constitution of the State of Maryland.
This Constitution offers a Register from each of the county’s as well as the City of Baltimore. Each of the Resisters have been elected by voters who are qualified for a period of a 4 year term in office which takes place at the Gubernatorial election.
The Maryland Register of Wills holds the responsibility of appointing representatives that administer the decedents estates as well as overseeing the timely and proper administration of the proceedings involved.
The Register of Wills will also perform duties that involve:
•Advising and assisting the public for preparing all the necessary documentation needed
•Preserve and maintain permanent records of all the proceedings that follow
•Serve the role of a “clerk” for the Orphan’s Court
•Refer any delinquent issues to the necessary Courts
•Decide on and collect probate fees, court and inheritance costs
•Audit the accounts of guardians and personal representatives
•Mail the different court orders and notices to any interested parties
•Verify compliance according to court orders
•The services offered by this public office include safekeeping of will for people who are still alive
Some of the frequently asked questions relating to the Maryland Register of Wills:
What Is Probate?
A literal interpretation involves to prove which is associated with proving a person’s will. This is done in an administration manner at the Register of Wills Office or in a judicial manner at the Orphan’s Court when it is necessary.
It means the marshaling of all assets and payments to outstanding creditors as well as transferring property that is currently under the name of a decedent to a beneficiary or beneficiaries that were named in this person’s will. Or a decision is made on who will inherit stated in the laws related to intestacy which means to “die without a will.”
The importance Of Estate Planning And Wills:
•The appointment of a trusted fiduciaries that includes guardians, trustees or a personal representative
•To achieve the best possible savings in regards to death taxes and administrative costs
•To dispose of an estate according to the wishes of the decedent
•To avoid any possible disputes among family from arising
What Is A Testator?
The testator will be the individual who has written a will.
This is the document that will be issued by the Maryland Register of Wills that authorizes a specific individual to perform the role of a personal representative for the decedent’s estate.
When a person has died and has a will, this document will be called the Letters Testamentary. When a person has died and does not have a will the document will be names Letters of Administration.
Will I require A Lawyer To Apply For Letters Of Administration Or Letters Testamentary?
A lawyer is not a necessity, however due to the complexities involved in these processes it is highly advisable that a lawyer is involved.
These offices can provide the documentation but are unable to provide any legal advice or direction in regards to preparing the documents.
Who Can Be appointed As Administrator?
The order involving appointment is specific and very detailed. Typically, the spouse of the deceased will be the first person to qualify.
If there are no spouses involved then the children are able to apply for the position. However, these situations will in most cases need a lawyer’s advice.
What Will I Need When Coming To The Maryland Register Of wills To Open The Estate
•The original will provided that the deceased has one. These offices will retain this original will
•The death certificate
•The person or the persons who are able to qualify for Administrator or Executor
•An approximate value associated with the estate of the decedent. This will be the value at the time of the person’s death. You may need to determine the items that make up the estate. The staff at these offices will not be able to assist you in making this valuation. It is highly suggested that you discuss these matters with a professional or your lawyer before coming to the office.