11/04/2026
You have a will, so your family won't have to deal with probate. Right?
Not necessarily.
One common misconception about estate planning is that having a will automatically allows your loved ones to avoid the probate process.
In Maryland, a will provides instructions for distributing your probate assets after death. But it doesn't necessarily eliminate the legal process of administering your estate.
Here's an important distinction.
Assets that may go through probate include:
• Property owned solely in your name
• Bank accounts without a surviving joint owner or designated beneficiary
• Your share of property owned as a tenant in common
Assets that may pass outside probate include:
• Life insurance policies with valid beneficiary designations
• Certain retirement accounts with named beneficiaries
• Property held jointly with rights of survivorship
• Assets properly held in a trust
The difference often comes down to how your assets are owned and whether valid beneficiary arrangements are in place.
A will remains an important part of estate planning. It can identify who should receive your probate assets and who you want to administer your estate.
But having a will and avoiding probate are two different things.
A thoughtful estate plan considers more than the documents you've signed. It also considers how your property and financial accounts will transfer after your death.
Law Office of Hasson D. Barnes, LLC
Learn more: www.hbarneslaw.com