Trust & Estate Lawyer in Montgomery County, MD
Maryland Trust & Estate Law
Maryland estate law involves creating wills and trusts to manage assets during life and distribute them after death, as well as handling the probate process through the Montgomery County Register of Wills or Orphans’ Court.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys use this experience to handle the details of estate planning and administration.
Last verified: March 2026 | Verify with lead attorney | Maryland General Assembly
Official Maryland Legal Resources
Montgomery County Estate Procedures
In Montgomery County, wills are probated through the Orphans’ Court or the Register of Wills for small estates. A personal representative must be appointed, file an inventory of assets within three months, and submit a final accounting.
- Initial Consultation and Document Review: Gather all estate planning documents for attorney review to assess structure and identify needs.
- File with the Register of Wills or Orphans’ Court: File the will and petition for probate with the appropriate Montgomery County court.
- Appoint a Personal Representative: The court issues Letters of Administration, officially appointing the executor to manage the estate.
- Inventory and Manage Estate Assets: Identify, secure, and value all assets; file an inventory with the court within three months.
- Pay Debts and Taxes: Notify creditors, pay valid claims, and file all required tax returns, including any estate tax return.
- Distribute Assets and File Final Accounting: Distribute remaining assets to beneficiaries and file a final accounting with the court for approval.
Trust & Estate Penalties and Consequences in Montgomery County
In Montgomery County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal of the personal representative, and frozen estate distributions during will contests.
| Issue | Classification | Primary Consequence | Financial Impact | Other Effects |
|---|---|---|---|---|
| Will Contest | Estate Litigation | Estate distribution frozen | Legal fees; potential reduction of estate | 6-18 month delay |
| Breach of Fiduciary Duty | Surcharge Action | Personal liability for losses | Surcharge amount; attorney fees | Removal as personal representative |
| Failure to File Tax Returns | Tax Penalty | IRS/State tax penalties & interest | Percentage of tax due; accruing interest | Personal liability for representative |
| Maryland Estate Tax | Tax Liability | Tax on estates over $5M | Up to 16% of taxable estate | Reduced inheritance for beneficiaries |
Results may vary. Estate outcomes depend on the specific facts, documents, and court involved.
Firm Credentials and Local Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our tagline is “Global advocacy. Local precision.”
Case Results for Trust & Estate Matters
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not aim for a similar outcome.
Local Trust & Estate Lawyer Serving Montgomery County
Our Rockville location serves clients at Montgomery County courts. We are a trust and estate lawyer near Rockville Town Square and the Montgomery County Government Center.
We serve Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Rockville/MD Location — Montgomery County area (by appointment)
Phone: (888) 437-7747 | Local: (888)-437-7747
By appointment only.
Frequently Asked Questions
What is the Maryland estate tax exemption?
Maryland imposes a state estate tax on estates exceeding $5 million (Md. Code Est. & Trusts § 7-309). Estates valued below this threshold are exempt from Maryland estate tax, though federal estate tax may still apply.
How long does probate take in Montgomery County?
The typical probate process in Montgomery County takes 12-18 months. Small estates under $50,000 may qualify for an expedited process through the Register of Wills, which can be faster.
What happens if someone contests a will in Maryland?
A will contest in Maryland freezes estate distribution. The Orphans’ Court hears the challenge, which can take 6-18 months to resolve. Grounds include lack of capacity, undue influence, or improper execution.
Who can serve as a personal representative in Maryland?
Maryland law prioritizes individuals named in the will. If none is named, a surviving spouse, adult child, or other heir may petition. Non-residents must appoint a Maryland resident as a co-representative.
What is the difference between a revocable and irrevocable trust in Maryland?
A revocable trust (living trust) can be changed or revoked by the grantor and offers no asset protection. An irrevocable trust cannot be easily changed but can protect assets from creditors and reduce estate taxes.
Related Legal Resources
Maryland Trust & Estate Lawyer Hub
Baltimore County Trust & Estate Lawyer | Anne Arundel County Trust & Estate Lawyer
Montgomery County Business Lawyer | Montgomery County Civil Litigation Lawyer
Last verified: March 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.