Is it safe for me to open a small estate in my husbands' name due to medical malpractice suit?
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Answer:
When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. It is a legal procedure that is less complicated, and can reduce the time and expenses associated with the formal probate process. As long as the statutory requirements are followed, it is authorized to proceed with a small estate administration in Maryland. In Maryland, small estate administration is allowed if the decedent's estate isn't worth more than $30,000. Typically, a law firm should charge a client less to handle a small estate case rather than a formal probate of an estate, due to its simplied nature.