Foreign Proceedings Packet

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Foreign Proceedings Packet is a commonly used form within Maryland. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Foreign Proceedings Packet

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Foreign Proceedings Packet:

• This form pertains to the State of Maryland

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Maryland’s Form Foreign Proceedings Packet up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Maryland form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Maryland probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Foreign Proceedings Packet, take a break, and then review. Probate and estate settlement processes in MD are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Foreign Proceedings Packet online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Foreign Proceedings Packet to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Maryland.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Maryland can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Maryland. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Maryland is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Maryland probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Maryland probate clerk or court for exact answers regarding Form Foreign Proceedings Packet, and when in doubt— consult a qualified trust & estates lawyer for that area.

Foreign Proceedings Packet is one of the many probate court forms available for download through Atticus.

It may also be available through some Maryland probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Maryland.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Foreign Proceedings Packet f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Maryland probate court office.

Foreign Proceedings Packet is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Maryland-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Maryland Form Foreign Proceedings Packet. You can use this to get an idea of the context of the form and what type of information is needed.

Estate/File No. IN THE ESTATE OF: BEFORE THE REGISTER OF WILLS FOR , MARYLAND Direct Inheritance Tax due at % APPLICATION BY FOREIGN PERSONAL REPRESENTATIVE TO SET INHERITANCE TAX 3. Tangible personal property in Maryland owned by the decedent and taxable in Maryland and the market value at the decedent's date of death are: 4. Any liens, encumbrances, and expenses payable out of Maryland property and their amounts are: I request the Register of Wills to set the amount of inheritance tax due. I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief. Address Telephone Number ApplicantDate (FOR APPLICANT'S USE -OPTIONAL) Value of Property as above Less: Liens, encumbrances and expenses as above Amount Taxable Collateral Inheritance Tax due at % Total Tax due ApplicantDate 5. Attached are: (a) copy of appointment and will, if any, authenticated under Title §28, U.S.C.A. §1738; (b) appointment of Maryland resident agent; (c) list of recipients of Maryland property, their interests in the property, and their relationship to the decedent; (d) notice to creditors of appointment with respect to the decedent's real or leasehold property in Maryland; and (e) appraisal or other basis for valuation of real or leasehold property, or of tangible personal property that is taxable in Maryland. (For real and leasehold property give a description sufficient to identify the property and the title reference by liber and folio.) 2. Real and leasehold property owned by the decedent in Maryland and the market value at the decedent's date of death are: Each of us states: 1. I am the qualified foreign personal representative of the Estate of The Application of Name Name Address Address (name of decedent) (date)(state or country) Attorney (with) (without) a will.who died domiciled inon $ $ $ $ $ $ RW1133 Rev. 01/01/2016 ROWNET PDF Facsimile Number Email Address IN THE ORPHANS' COURT FOR , MARYLAND (OR) BEFORE THE REGISTER OF WILLS FOR IN THE ESTATE OF: ESTATE NO. LIST OF INTERESTED PERSONS Specify: Heir/Legatee/ Personal Representative Name (and age if under 18 years) Last Known Address including Zip Code Relationship to Decedent RW1104 1. Interested persons include decedent's heirs (surviving spouse, children, and other persons who would inherit if there were no will) and, if decedent died with a will, the personal representative named in the will and all legatees (persons who inherit under the will). All heirs must be listed even if decedent dies with a will. 2. This list must be filed (a) within 20 days after appointment of a personal representative under administrative probate or (b) at the time of filing a Petition for Judicial Probate or a Petition for Administration of a Small Estate. Instructions: I solemnly affirm under the penalties of perjury that the contents of the foregoing list of interested persons are true to the best of my knowledge, information, and belief. Address Telephone Number Date Date Date ROWNET 1/1/2016 AttorneyPetitioner/Personal Representative Petitioner/Personal Representative Petitioner/Personal Representative Facsimile Number Email Address IN THE ORPHANS' COURT FOR BEFORE THE REGISTER OF WILLS FOR (OR) , MARYLAND ESTATE NO. IN THE ESTATE OF: APPOINTMENT OF RESIDENT AGENT I appointas my resident agent on whom service of process may be made with the same effect as if it were served on me personally in the State of Maryland. This appointment shall remain in effect until the filing of a subsequent Appointment of Resident Agent. Date: I am a Maryland resident and accept the appointment as resident agent. Address Telephone Number Telephone Number Address Personal Representative Attorney Resident Agent RW1106 Rev. 01/01/2016 ROWNET PDF Facsimile Number Email Address (name and address of personal representative or attorney) NOTICE TO CREDITORS OF APPOINTMENT OF FOREIGN PERSONAL REPRESENTATIVE ESTATE NO. NOTICE IS GIVEN that the appointed domiciled in (date) whose address is All persons having claims against the decedent must file their claims with the Register of Wills for (1) Six months from the date of the decedent's death, except if the decedent died before October 1, 1992, nine months from the date of the decedent's death; or (2) Two months after the foreign personal representative mails or delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the claim will be barred unless the creditor presents the claim within two months from the mailing or other delivery of the notice. Claims filed after that date or after a date extended by law will be barred. as the (title) (state and country) At the time of death, the decedent owned real or leasehold property in the following Maryland counties: Name of Newspaper: Date of first publication Foreign Personal Representatives: Register of Wills & Address (state) PUBLISH THREE TIMES court ofcounty, of the Estate of who died on (name of decedent) The Maryland resident agent for service of process is . Personal Representative Personal Representative Personal Representative with a copy to the foreign personal representative on or before the earlier of the following dates: RW1134 ROWNET 11/2009