Estate Planning Attorney Serving Gaithersburg, MD and Montgomery County

Wills, Probate, and the Montgomery County Courts

A will you wrote out by hand won't hold up in Maryland. The state doesn't recognize holographic wills. What it does require is a document in writing, signed by the person making it, and witnessed by two credible witnesses. Miss any of those requirements and Maryland's intestacy statutes take over, distributing the estate by a fixed formula rather than by your actual wishes.

Gaithersburg residents go through probate at the Montgomery County Register of Wills. A routine, uncontested estate typically stays open nine to twelve months, sometimes longer for more complex matters, and administrative probate fees scale with the value of the estate as set by Maryland law.

Montgomery County's probate structure is an outlier among Maryland counties. Instead of a separately elected Orphans' Court, the county has Circuit Court judges step into that role whenever a probate matter needs judicial review. That setup shapes how contested proceedings play out here differently than in most neighboring jurisdictions.

Business Succession Planning

For many Gaithersburg business owners, the business is one of the family's most valuable assets. An estate plan should address what happens if an owner dies or becomes incapacitated. Buy-sell agreements, operating agreements, shareholder agreements, trusts, and carefully coordinated ownership structures can help ensure that a business continues operating smoothly and transfers according to the owner's wishes rather than becoming tied up in probate or disputes among heirs.

Planning for Incapacity

A plan that only addresses what happens after death is only half a plan. Durable financial powers of attorney and advance medical directives give people you trust the authority to manage your finances and make healthcare decisions if you're ever unable to do so yourself. Without them, your family may need to petition a court for guardianship before they're able to act at all.

The Risk of a Generic Power of Attorney

A template pulled off the internet can look convincing without actually meeting Maryland's requirements, and that gap often isn't discovered until it's too late. Under Maryland's statute, an agent needs specific authorizing language before they can make gifts, manage a business interest, or change a beneficiary designation on your behalf. Generic forms tend to skip that language, and when they do, a Maryland financial institution can refuse to honor the document, leaving your family, or your business, unable to function right when help is needed.

A New Option for Gaithersburg Homeowners

Starting October 1, 2026, the Maryland Transfer-on-Death Deed Act (House Bill 738 / Senate Bill 651) gives homeowners a new tool: the owner of residential real property can name a beneficiary directly on the deed, and the property passes to that person automatically at death, without probate. Until then, the owner keeps complete ownership and control, including the right to revoke the beneficiary designation whenever they choose.

For a Gaithersburg homeowner, that can mean a simpler path to moving real property outside of probate without sacrificing any control during life. It won't suit every situation, though, and generally functions best as one piece of a broader estate plan rather than a replacement for one.

Estate Planning Involves More Than a Will

A will handles only part of the job. A full plan also protects your family through incapacity, keeps beneficiary designations coordinated, preserves business interests, addresses tax exposure where it exists, and directs your assets according to your actual wishes. Built thoughtfully, that kind of plan brings peace of mind now and less expense, delay, and uncertainty for the people you leave behind.