Trust & Estate Lawyer in Montgomery County, MD
Montgomery County estate planning and probate matters are governed by Maryland statutes, including the Maryland Trust Act (Md. Code Est. & Trusts § 14.5-101 et seq.) and estate tax laws for estates over $5 million. Law Offices Of SRIS, P.C. provides full representation for wills, trusts, probate administration, and estate litigation. Our Rockville location serves clients throughout Montgomery County by appointment.
Maryland Trust & Estate Law
Maryland law provides a framework for estate planning, probate, and trust administration. Key statutes include the Maryland Estates & Trusts Article and the Maryland Trust Act. The state imposes an estate tax on estates exceeding $5 million (Md. Code Est. & Trusts § 7-309), separate from federal taxes. Understanding these laws is critical for effective planning and administration.
Last verified: March 2026 | Verify with lead attorney | Maryland General Assembly
Official Legal Resources
Montgomery County Estate Procedures
Wills are typically probated through the Montgomery County Register of Wills for small estates or the Orphans’ Court. The personal representative must file an inventory of estate assets within three months of appointment. Trust administration follows the terms of the trust document and the Maryland Trust Act, which outlines trustee duties and beneficiary rights.
- Initial Consultation and Document Review: Gather all estate planning documents (wills, trusts, deeds) or probate documents (death certificate, will) for attorney review.
- File with the Appropriate Court: For probate, file the will and petition with the Montgomery County Register of Wills or Orphans’ Court. For trust administration, follow the trust document and Maryland Trust Act procedures.
- Appoint Fiduciary and Notify Interested Parties: The court appoints a personal representative (if no will) or confirms the executor named in the will. Creditors and beneficiaries must be formally notified.
- Manage Estate Assets and Liabilities: The fiduciary inventories assets, pays valid debts and expenses, and files any required estate or inheritance tax returns (due 9 months after death).
- Final Accounting and Distribution: Prepare a final accounting for court approval. Once approved, distribute remaining assets to beneficiaries and close the estate.
Potential Outcomes and Considerations
In Montgomery County, estate matters involve court-supervised processes with specific timelines and fiduciary responsibilities. Probate typically takes 12-18 months, while will contests can extend proceedings by 6-18 months.
| Matter | Classification / Process | Timeline | Key Consideration |
|---|---|---|---|
| Probate Administration | Judicial Supervision | 12-18 months typical | Inventory due within 3 months; creditor period |
| Small Estate Administration | Expedited Process | Varies | For estates under $50,000 |
| Will Contest | Litigation | 6-18 months | Freezes estate distribution; requires evidence |
| Trust Administration | Non-Judicial / Fiduciary | Per Trust Terms | Governed by Maryland Trust Act & trust document |
| Estate Tax Return | Tax Filing | Due 9 months after death | Required for estates over $5 million (MD threshold) |
Results may vary. Each estate and trust matter depends on unique facts, document clarity, and court procedures.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings combined legal experience to estate planning and administration matters. Our approach focuses on understanding client goals within the framework of Maryland law.
Case Results
Law Offices Of SRIS, P.C. has a firm-wide record of handling legal matters. We approach each trust and estate case with attention to the specific details and applicable Maryland law.
Results may vary. Prior results do not aim for a similar outcome.
Local Service Area
Our Rockville location serves clients at Montgomery County courts and is accessible via I-270, I-495, and Route 355 (Rockville Pike). We are a trust and estate lawyer near Montgomery County government centers in Rockville and Bethesda.
We serve communities including 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 amount?
$5 million. Maryland imposes a state estate tax on estates exceeding $5 million (Md. Code Est. & Trusts § 7-309). This is separate from the federal exemption.
How long does probate take in Montgomery County?
Typically 12-18 months. The timeline varies based on estate complexity, creditor claims, and whether the will is contested. Small estates under $50,000 may use an expedited process.
What happens if someone dies without a will in Maryland?
Maryland intestacy laws determine asset distribution. A spouse and children typically inherit, but the specific shares are set by statute (Md. Code Est. & Trusts Article). The court appoints an administrator.
Can a will be contested in Montgomery County?
Yes. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. A contest freezes estate distribution and can take 6-18 months to resolve in the Orphans’ Court.
What is the role of a personal representative in Maryland?
The personal representative (executor) manages the estate, pays debts and taxes, files an inventory within 3 months, and distributes assets according to the will or intestacy laws. They are a fiduciary.
Related Legal Services
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific situation.