Helpful Hints
- Maryland Estate Rules
- Estate Fees Schedule
- Time Limitation For Filing Regular Estate Documents
- Order Of Payment For Disbursements
- Advantages Of Modified Administration
SMALL ESTATE: ET§5-601 - The estate procedure for a decedent who owned probate assets with a gross value of $50,000 or less (or $100,000 or less if the sole heir or legatee is the surviving spouse) in his/her name alone. Otherwise, should be Regular Estate.
Date of Death:|
Prior to
1970 |
1/1/70 to 6/30/74 |
7/1/74 to 6/30/78 |
7/1/78 to 6/30/82 |
7/1/82 to 6/30/88 |
7/1/88 to 6/30/00 |
7/1/00 to 9/30/2012 |
10/1/2012 to Current |
As of 1/1/98
– Estate
amount is determined by fair market value of property less the debts of
record secured by the property as of date of death, to the extent that
insurance benefits are not payable to the lien holder or secured party.
May
use tax assessment for value.
FUNERAL ALLOWANCE: ET§8-106 - If the estate is solvent and the decedent's Will expressly empowers the personal representative to pay the funeral expenses without Court approval, a Petition and Court Order is not required.
|
Prior |
7/1/71 |
7/1/83 |
7/1/88 |
7/1/91 |
1/1/98 |
10/1/05 |
10/1/12 |
10/1/15 |
FAMILY ALLOWANCES: ET§3-201 - Surviving spouse and minor children of the decedent receive an allowance in addition to property passing under the Will or by the laws of intestacy.
|
Prior to 1/1/1970 |
$500 to surviving spouse |
$1,000 to spouse with minor children |
|
1/1/1970 to 6/30/1981 |
$1,000 to surviving spouse |
$500 to each minor child |
|
7/1/1981 to 6/30/1991 |
$2,000 to surviving spouse |
$1,000 to each minor child |
|
7/1/1991 to 9/30/2013 |
$5,000 to surviving spouse |
$2,500 to each minor child |
|
10/1/2013 to Current |
$10,000 to surviving spouse |
$5,000 to each minor child |
ET §13-010 - Prior to 7/1/1973 - Minor’s age was 21 and thereafter 18. Unless the Will directs otherwise, need guardianships.
INHERITANCE TAXES:
ET§7-202
-
The inheritance tax is to be based on the value of the
property at the time of distribution.
§7-203 – As of 1/1/98: Inheritance tax
does not apply to the receipt of property that passes from a decedent to any one
person if the total does not exceed $1,000 which includes non-probate property
(Prior to 1/1/98 - $150 tax exemption). Inheritance tax does not apply to
income, including gains and losses accrued on probate assets.
§7-204 – If
the Will directs that the inheritance tax shall be paid from the residuary
estate, the tax is calculated upon the specified amount plus such an amount
that, after the tax is calculated on the total and deducted therefrom, the
legatee will receive the specified amount free from tax.
§13-701(b) – If a person fails to pay inheritance taxes the Register shall assess a penalty not exceeding 10% of the unpaid tax, plus interest (prior to 7/1/1965 - 25% penalty).
direct/Lineal Heir: This includes spouse, children, grandchildren, great grandchildren, parents, grandparents and stepchildren.
|
3/16/35 to
6/30/99 |
7/1/99 to
6/30/2000 |
7/1/2000 to Current |
As of 7/1/85 - Surviving spouse pays no tax on any amount of real estate and up to $100,000 of personalty || Tax General §7-203(J)
COLLATERAL HEIR: This includes siblings, nieces, nephews, aunt, uncle, cousin, etc.
|
1874 to 1908 |
1908 to 1935
|
1935 to 6/1/75 |
6/1/75 to Current |
|
|
7/1/99 to 6/30/00
|
7/1/2000 to Current
|
|
As of 7/1/2000 – Brothers & sisters and a spouse of a child or other lineal descendent of the decedent – NO TAX DUE
DISTRIBUTION OF SPOUSE’S INTESTATE
SHARE:
ET§3-102
Until 6/30/78
Surviving Children:
Spouse 1/3 and Children 2/3
No surviving Children, but Surviving
Parents:
Spouse ½ and Parents ½
No surviving Children or Parents, but
Brothers and/or Sisters, or Children of Brothers/Sisters:
$4,000 plus ½ of residue
No Children, Parents, Brothers,
Sisters or Children of Brothers and/or Sisters:
Spouse receives whole estate
7/1/78 to 6/30/82
Surviving Children:
Spouse ½ and Children ½
No surviving Children but surviving
Parents:
Spouse ½ and Parents ½
No surviving Children or surviving
Parents:
Whole Estate
7/1/82 to 09/30/17
Surviving Minor Child:
Spouse ½ and Minor (and other Children) ½
No surviving Minor Child, but
surviving Children:
Spouse – First $15,000 plus ½ of residue
Children – Balance of residue
No surviving Children, but surviving
Parent:
Spouse – First $15,000 plus ½ of residue
Parents – Balance of residue
No surviving Children or Parent:
Whole Estate
10/01/17 to 9/30/19
Surviving Minor Child:
Spouse ½ and Minor (and other Children) ½
No surviving Minor Child, but
surviving Children:
Spouse – First $40,000 plus ½ of residue
Children – Balance of residue
No surviving Children, but surviving
Parent:
Spouse – First $40,000 plus ½ of residue
Parents – Balance of residue
No surviving Children or Parent:
Whole Estate 10/01/19 to present Surviving Minor Child: Spouse - ½
Minor (and other) Children - ½
No surviving Minor Child, but
surviving Children: Spouse - First $40,000 plus ½ of residue
Children - Balance of residue
No surviving Children, but surviving
Parent: Surviving Spouse and Decedent married less than five years:
Spouse - First $40,000 plus ½ of residue
Parents - Balance of residue
Surviving Spouse and Decedent married five years or more:
Spouse - Whole Estate
No surviving Children or Parent: Whole Estate
TIME LIMITATIONS FOR FILING REGULAR ESTATE DOCUMENTS
LIST OF INTERESTED PERSONS:
Within 20 Days from the Date of Appointment
INFORMATION REPORT & INVENTORY: Within 3 Months
from the Date of Appointment
ELECTION FOR MODIFIED ADMINISTRATION AND CONSENT: Within 3 Months
from the Date of Appointment
CLAIMS: On or before the
Earlier of: 6 Months from the date of decedent’s death
(except if the decedent died before October 1, 1992); 9 months from
the date of decedent’s death; or 2 Months after the personal
representative mails or otherwise delivers to the creditors a copy of
the published notice or other written notice
PETITION FOR ALLOWANCE OF CLAIM:
Within 60 Days after the mailing of the notice
FIRST ACCOUNTING: Within 9
months from the date of appointment or as early as 6 months
SUBSEQUENT ACCOUNTS: Within 6 Months from the approval date
of the Prior Account
FINAL REPORT UNDER MODIFIED ADMINISTRATION: Within 10
Months from the date of appointment or as early as 6 Months -
Distribution must be made within 12 months
ELECTION OF SURVIVING SPOUSE TO TAKE STATUTORY SHARE:
On or before the Later of 9 Months from the date of
death; or 6 Months after first date of appointment of a
Personal Representative.
DISCLAIMER: NO TIME LIMIT
ASSIGNMENT: NO TIME LIMIT
OBJECTION TO PETITIONS: Within 20 Days
from the date of Notice given
OBJECTION TO ACCOUNT: Within 20 Days
from the date of Court Order approving account
CAVEAT WILL: Within 6 Months from
the first appointment under a Will
ORDER
OF PAYMENT FOR DISBURSEMENTS
1.
FEES DUE TO THE
REGISTER
2.
COSTS AND EXPENSES OF
ADMINISTRATION
3.
FUNERAL EXPENSES
4.
COMPENSATION OF
PERSONAL REPRESENTATIVE AND/OR ATTY’S FEES
5.
FAMILY ALLOWANCE
6.
TAXES DUE BY THE
DECEDENT
7.
REASONABLE MEDICAL,
HOSPITAL AND NURSING EXPENSES OF THE LAST ILLNESS OF THE DECEDENT
8.
RENT PAYABLE BY THE
DECEDENT FOR NOT MORE THAN THREE MONTHS IN ARREARS
9.
WAGES, SALARIES, OR
COMMISSION FOR SERVICE PERFORMED WITH THREE MONTHS PRIOR TO DEATH
10.
ASSISTANCE PAID UNDER THE PUBLIC ASSISTANCE TO ADULTS PROGRAM
11.
ALL OTHER CLAIMS
Can file a
FINAL REPORT. (No Inventory or Administration Account is
required.)
Final Report is
not subject to COURT APPROVAL. (When you file an
Administration Account, it must be approved by the Orphans' Court.)
Final Report is
NOT AUDITED. (Reviewed for accurate calculation. The
personal representative must provide a copy to the all interested persons,
unless a waiver is filed.)
Can list
EXPENSES TO BE PAID on Final Report. (On Administration Account can
only report expenses that are paid at the time of filing.)
Do not need
VOUCHERS for expenses listed on Final Report.
Do not have to
wait 20 DAYS for objections before making distribution. (After
an Administration Account is approved, personal representative must wait 20 days from the date of
the Court Order, unless waivers are filed.) AS OF 10/1/2003:
Can file Consents from all heirs to receive an Extension of Time for an additional 90 days to file the Final Report.
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As of 10/1/2003: Can request a 3 month Extension -
Distribution must be made within 13 months
Prior to 1/1/04: Within 7 months after date of first appointment.
Statutory Share = a one-third share of the net estate if there is also a surviving issue (child or children), or a one-half share of the net estate if there is no surviving issue (child or children).
Prior to 10/01/04: Within 9 months
from the date of death.
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ADVANTAGES
OF MODIFIED ADMINISTRATION
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