• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sinclair Prosser Gasior

Annapolis Estate Planning Attorneys

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Call Now: (410) 573-4818

Attend a Free Workshop Trustee School

  • Home
  • About Our Firm
    • About Our Firm
    • Founding Attorneys
    • Meet Our Team
  • Services
    • Annapolis, MD Asset Protection and Business Planning
    • Estate and Gift Tax Figures
    • Annapolis, MD Elder Law & Medicaid Services
    • Annapolis, MD Trust Administration & Probate
    • Family-Owned Businesses & Farms
    • Annapolis, MD Incapacity Planning
    • Annapolis, MD LGBTQ Estate Planning
    • Annapolis, MD Pet Planning
    • SECURE Act
    • Annapolis, MD Special Needs Planning
    • Estate Planning for Young Families
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Definitions
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Power of Attorney
      • Probate Avoidance
      • Trust Administration & Probate
      • Wills
    • Is Your Estate Plan Outdated?
    • Probate Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Trust Administration
      • Estate Planning for Niches
    • Top 10 Estate Planning Techniques
    • Newsletters
  • COMMUNITIES WE SERVE
    • Anne Arundel County
      • Annapolis
      • Crownsville
      • Davidsonville
      • Highland Beach
      • Millersville
    • Baltimore County
    • Calvert County
      • Dunkirk
      • Huntingtown
      • Owings
    • Charles County
      • Charlotte Hall
      • Waldorf
    • District of Columbia
    • Howard County
    • Maryland
      • Clarksville
      • Columbia
      • Ellicott City
    • Prince George County
      • Bowie
      • Fort Washington
      • Glenn Dale
    • Queen Anne’s County
      • Grasonville
      • Queenstown
      • Stevensville
    • St. Mary’s County
      • Charlotte Hall
      • Leonardtown
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
  • Make A Payment
  • Client Portal
Home / Probate / Prepare for Probate

Prepare for Probate

March 23, 2022 by Alexander M. Pagnotta, Estate Planning Attorney

probateThe process of probate is often overlooked by people who don’t know much about estate planning. If you haven’t done any research, you may assume that a will is something that takes care of itself after you die. You name an executor in the document, and this individual will distribute assets in accordance with your wishes without any particular supervision.

This is a commonly held belief, but in reality, things do not work in this manner. There are people and entities beyond the inheritors who could have an interest in an estate, and others could question the validity of a will. To account for this,  there is a legal process called probate.

The executor that is named in the will would be required to admit the will to probate after the passing of the testator. If there was no executor named in the will, the court would appoint a personal representative to act as the estate administrator.

During probate, the executor would have to identify all the property that was contained within the estate. Plus, final debts would be paid during probate, so the executor would be required to notify creditors. Taxes would also be paid during the probate process.

Since the executor would be handling certain expenses, a bank account would be established on behalf of the estate, so there is a certain amount of liability that the executor would have to assume. Ultimately, when the court finds that everything is in order, the estate would be closed and the executor would be able to distribute assets to the heirs.

Choosing an Executor

If you do decide to maintain possession of your property through to the time of your death and arrange for its distribution through the terms of a will, you should be very discerning when you are choosing an executor. As you can tell from the description that we have provided, there are a lot of business oriented tasks that must be completed.

We would all like to think that everyone that we love will always be on the same page, but in fact, families can be complicated these days.  As a result, the executor may have to address competing interests, so you definitely want to name an executor who is completely impartial.

When you think about naming an executor, you are probably going to consider people that you know personally. It can be challenging to identify someone who has all the proper attributes. Plus, there is the time factor. The role of executor can consume a lot of time and energy.

Longevity and geography are other factors to take into consideration.  It would be logical to name someone mature to act as your executor, but life expectancy is going to enter the picture. And of course, if the executor lives 3000 miles away from the property that comprises the estate, this can be an obstacle.

All the tasks that will fall to the executor can be a bit overwhelming for someone who is not experienced. To make things easier on the executor that you choose, you could arrange for the lawyer that you retained to draw up your will to act as the probate attorney. In this manner, the executor would have a ready legal resource to rely upon during the probate process.

Another thing you should understand is that you really do not have to use an individual that is known to you to act as the executor. There are banks and trust companies that provide estate administration services. If you use a corporate administrator, you overcome many of the potential challenges that we have touched upon.

Lastly, we should point out the fact that you do not have to use a last will as your assets transfer vehicle. There are estate planning techniques that can be implemented that would facilitate asset transfers outside of probate.

Schedule a Consultation

There are a lot of things to take into consideration when you are planning your estate. If you act quickly without a full understanding of all the facts, you may wind up with an estate plan that leads to difficulties for your family after you are gone.

Our firm can help if you would like to discuss everything in detail with a licensed professional who has a deep connection to the Maryland community. We would be glad to sit down with you, get to know you, and answer all your questions. If you decide to proceed, we can help you craft the perfect estate plan.

If you would like to get started, send us a message through our contact page or give us a call at (410) 573-4818 to set up a consultation.

  • Author
  • Recent Posts
Alexander M. Pagnotta, Estate Planning Attorney
Alexander M. Pagnotta, Estate Planning Attorney
Estate Planning Attorney at Sinclair Prosser Gasior
Alex Pagnotta’s personal experience with the problems that can result from an inadequate estate plan along with his interest in helping others drove his desire to pursue the areas of estate planning and estate administration. He counsels individuals and families to preserve wealth and ensure that their hard earned assets are passing to the correct individuals when they want and how they want.
Alexander M. Pagnotta, Estate Planning Attorney
Latest posts by Alexander M. Pagnotta, Estate Planning Attorney (see all)
  • What Happens with my Car at my Death? - January 24, 2023
  • What Do Executors Need to Know? - December 15, 2022
  • Patagonia Founder Gives Away His Company - November 1, 2022

Filed Under: Probate

Other Articles You May Find Useful

Bowie probate attorneys
Why Might an Estate Become Involved in Litigation?
Attorney at desk writing on paper
Preparing to Meet with a Probate Attorney
Comparing the Roles of Trustees and Personal Representatives
two people in court room
Is Formal Probate Required?
Sorting Household Stuff: A Guide for Personal Representatives
How Trust Administration Works Better Than Probate

Primary Sidebar

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Testimonials

5 Stars
Client Review
September 3, 2020
    

We initiated estate planning following a presentation by Sinclair Prosser Attorney Jon Gasior. We were so impressed, we contracted with them to complete our estate planning. Subsequently, we assembled information on our assets and Sinclair Prosser Gasior did the rest. Correspondence was communicated to our financial institutions and the estate was established. We were very pleased with the courteous manner of the Sinclair Prosser Gasior staff. However, it was their professionalism that made us satisfied we chose this firm to handle our estate. We have nothing but praise for Sinclair Prosser Gasior .

default image
– Walter K.

Blog Subscription

Sign up for our blog to receive all of our latest estate planning news and updates!
  • This field is for validation purposes and should be left unchanged.

ANNAPOLIS

900 Bestgate Road
Suite 103, Annapolis, Maryland 21401
Phone: (410) 573-4818
Fax: (410) 573-2802

BOWIE

4201 Mitchellville Road
Suite 403, Bowie, MD 20716
Phone: (301) 970-8080
Fax: (410) 573-2802

MILLERSVILLE

1520 Jabez Run Rd
Suite 300, Millersville, Maryland 21108
Phone: (410) 573-4818
Fax: (410) 573-2802

WALDORF

Hamilton Centre II
3261 Old Washington Road, Suite 2020 Waldorf, MD 20602
Phone: 800-366-4615

Map

map for office

Footer

footer logo
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

The information on this Maryland Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

© 2023 American Academy of Estate Planning Attorneys| Privacy Policy | Contact Us | Disclaimer | Site Map