Berlin, MD asked in Probate for Maryland

Q: What if a person doesn’t go through probate, does the property go to the decendents

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3 Lawyer Answers

Nina Whitehurst

PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: Probate IS the process by which property of a decedent is retitled.

Richard Sternberg

Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: A "person" doesn't go through probate, because the person is dead. An estate goes through probate. If the estate doesn't go through probate, then property doesn't change title unless the title passes outside of probate, such as a joint tenancy with rights of survivorship, a life insurance policy, a bank or brokerage account with a designated beneficiary, or, in some states, real estate. Property subject to probate does not go to the descendants if it does not go through probate.

Cedulie Renee Laumann

Answered
  • Probate Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: Whatever someone dies owning titled in their sole name becomes part of their probate estate. Other property (such as jointly owned real estate, bank accounts, life insurance with named beneficiaries, etc.) may go directly to named beneficiaries or co-owners. The beneficiaries (people inheriting by title) may be descendants or other relatives.

That being said, in Maryland, if property is still in the deceased person's name, it must go through probate before it can be disbursed to the heirs.

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