What is Probate? | The Legal Minute | DUPD

Probate is the legal process for winding up the affairs of a deceased person.   In Maryland, the probate process is administered through the local Register of Wills office and Orphan’s Court.   If the decedent died with a Will, the Will is admitted to probate and any legal challenges to the will are resolved.  If the individual died without a Will, then the person has died “Intestate” and the laws of intestacy control the distribution of assets.

The first step in the probate process is to open a Probate Estate and have a person be appointed as Personal Representative or PR of the Estate.  The Estate is a separate and distinct legal entity and the PR is the person vested with the authority to act on behalf of the Estate.

Through the Probate process, the decedent’s assets are identified and valued and the validity of any debts or claims is determined.  At the end of the Probate process, the debts or claims are paid from the probate estate and the remaining balance is distributed to the decedent’s legatees or heirs in accordance with the terms of the Will or the laws of Intestacy if there was no Will.