Maryland Probate Form 1320

Guardian's Account

Everything you need to know about Maryland Form 1320, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related MD probate forms.

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About Guardian's Account

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.

Guardian's Account 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 Guardian's Account

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Guardian's Account:

  • 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 1320 - Guardian's Account up to date, certain details can change from time-to-time with little or no communication.

How to file Form 1320

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 1320, 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 1320 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 1320 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 Guardian's Account 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Guardian's Account is due

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 1320 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 1320, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 1320 Online

Guardian's Account 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 1320 - Guardian's Account 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.

Guardian's Account 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.

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Did you know?

  • Form 1320 - Guardian's Account is a probate form in Maryland.

  • Maryland has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Maryland.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Maryland, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Guardian's Account

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 1320

Here’s the text, verbatim, that is found on Maryland Form 1320 - Guardian's Account. You can use this to get an idea of the context of the form and what type of information is needed.

☐CIRCUIT ☐ ORPHANS’ COURT FOR, MARYLAND In the Matter of FIDUCIARY’S ACCOUNT (Md. Rule 10-708(a)) NOTE: Guardians of the property must complete and file this form each year within 60 days of the anniversary of their appointment or as the court otherwise directs. This form is also used as the final Fiduciary’s Account if the guardianship of the property is terminated, or the guardian of the property resigns or is removed by the court. Attach copies of account statements and documentation that show balances for the reporting period. If a section of this form does not apply, write “Not applicable” or “N/A.” Attach additional sheets if needed. Minor or Disabled Person’s Date of Birth: Gender: ☐Female☐Male REPORTING PERIOD I/We, and (if applicable) , make this ☐ annua l ☐ final Fiduciary’s Account for the reporting period of to . Part I. Fiduciary estate List the fair market values and balances as of the end date of this reporting period. A.REAL ESTATE Attach documentation that shows fair market values as of the end of the reporting period (from a state department of assessments and taxation, real estate website or listing, etc.). Location: Fair mar ket value: $ Lender (if any) : Mortgage balance: $ Ownership type (select one): ☐Sole owner☐Joint tenant ☐ Tenant in common with% interest ☐Tenants by the entirety ☐Other (describe): CC-GN-012 (Rev. 07/2021) Page 1 of 9 Name of Minor or Disabled Person Date Date Name of Guardian Name of Guardian 2 Address City, state, zip Located at Court Address Case No. City/County Docket Reference ANFR1; ANFR2; ANFR3; ANFRE Joint tenant/in common/by the entirety/other name Relationship to minor or disabled person Address Location: F air market value: $ Lender (i f any): Mortgage balance: $ Ownership type (select one): ☐Sole owner☐Joint tenant ☐ Tenant in common with% interest ☐Tenants by the entirety ☐Other (describe): Joint tenant/in common/by the entirety/other name Relationship to minor or disabled person Address Location: F air market value: $ Lender (i f any): Mortgage balance: $ Ownership type (select one): ☐Sole owner☐Joint tenant ☐ Tenant in common with% interest ☐Tenants by the entirety ☐Other (describe): Joint tenant/in common/by the entirety/other name Relationship to minor or disabled person Address CC-GN-012 (Rev. 07/2021) Page 2 of 9 Address City, state, zip Address City, state, zip ANFR1; ANFR2; ANFR3; ANFRE B.CASH & CASH EQUIVALENTS Checking, savings, or certificates of deposit (CDs). Attach statements that show balances at the end of the reporting period or the most recent. Financial institution Type Account number (last 4 digits only) Balance Joint owner(s) (if any) $ $ $ $ $ TOTAL: $ C. BROKERAGE ACCOUNTS, STOCKS, BONDS, AND OTHER SECURITIES Attach statements that show values at the end of the reporting period or the most recent. Name of company Type Account number (last 4 digits only) Value Joint owner(s) (if any) $ $ $ $ $ TOTAL: $ D. RETIREMENT ACCOUNTS IRAs, Roth IRAs, 401(k), 403(b), etc. Attach statements that show values at the end of the reporting period or the most recent. Name of company Type Account number (last 4 digits only) Value Beneficiary name(s) $ $ $ $ TOTAL: $ E. VEHICLES Cars, boats, off-road vehicles, airplanes, etc. Attach valuations for each vehicle as of the end of the reporting period or the most recent. Type of vehicle Year, make, model Fair Market Value Lien (if any) Co-owner(s) (if any) $ $ $ $ TOTAL: $ CC-GN-012 (Rev. 07/202\\u0014)Page 3 of 9 ANFR1; ANFR2; ANFR3; ANFRE F. PERSONAL PROPERTY List each item with a value over $2,500 (fine jewelry, artwork, valuable collectables, etc.). Describe property if the collective value is less than $2,500. For example, if the total value of the person’s property is $900, do not describe each item or list the value of each piece. Describe it as one category, “furniture.” If available, attach appraisals or any documents that show values or balances owed at the end of the reporting period or the most recent. Description Location Value Lien amount (if any) $ $ $ $ $ $ TOTAL: $ G. OTHER List annuities, burial accounts, burial plots, pre-paid burial plans, college 529 plans, cash values of life insurance policies. Also list judgments, loans, promissory notes, etc., owed to the minor or disabled person. Attach statements that show values at the end of the reporting period or the most recent. Attach copies of policies or contracts added or changed during the reporting period. Name of institution Type of account Account number (last 4 digits only) Value $ $ $ $ TOTAL: $ SUMMARY OF THE FIDUCIARY ESTATE: Type Value reported on last Fiduciary’s Account (or Inventory if this is the first account) Value reported on this Fiduciary Account (enter totals from above) A. Real estate$ $ B. Cash & cash equivalents$ $ C. Brokerage accounts, stocks, bonds, and other securities$ $ D. Retirement accounts$ $ E. Vehicles$ $ F. Personal property$ $ G. Other$ $ TOTALS: $ $ CC-GN-012 (Rev. 07/202\\u0014) Page 4 of 9 ANFR1; ANFR2; ANFR3; ANFRE Part II. Liabilities List debts owed, other than mortgage or liens listed above. Attach additional sheets if needed. A. LOANS Attach account statements, or other documents that show amounts owed as of the end of the reporting period or the most recent. Lender name Purpose (loan type) Loan number Balance due $ $ $ $ TOTAL: $ B. CREDIT CARDS Attach statements that show balances as of the end of the reporting period or the most recent. Company Card Account number (last 4 digits only) Balance due $ $ $ $ TOTAL: $ C. JUDGMENTS/LIENS Attach copies or court orders or other documents that show balances owed as of the end of the reporting period or the most recent. Description Balance due $ $ $ $ TOTAL: $ D. OTHER List other liabilities such as alimony, child support, garnishments, etc. Attach copies of documents that show balances owed (if any). Also attach copies of court orders entered or changed during the reporting period. Description To whom owed Balance due $ $ $ TOTAL: $ CC-GN-012 (Rev. 07/202\\u0014)Page 5 of 9 ANFR1; ANFR2; ANFR3; ANFRE Part III. Income and disbursements Attach additional sheets if needed. A. INCOME List all income, including benefits received (payments from insurance, judgments, loans, promissory notes, etc.) during the reporting period. Attach Social Security statements, Department of Veterans Affairs benefit statements, pay stubs, account statements, court orders, and other documents that show income. Source Total Social Security income: $ Supplemental Security Income (SSI): $ Social Security Disability Insurance (SSDI): $ Veterans Affairs benefits: $ Public cash assistance (e.g., Temporary Cash Assistance (TCA) or Temporary Assistance for Needy Families (TANF)): $ Wages: $ Interest: $ Rental income: $ Pensions/retirement: $ Alimony: $ Annuity payments: $ Other (refunds, cash receipts, etc.) (describe): $ $ $ $ $ TOTAL: $ B. DISBURSEMENTS List payments made from fiduciary accounts. Attach receipts, statements, and other documentation showing payments. Date To whom paid Purpose of payment Amount $ $ $ $ $ $ $ $ CC-GN-012 (Rev. 07/202\\u0014)Page 6 of 9 ANFR1; ANFR2; ANFR3; ANFRE Date To whom paid Purpose of payment Amount $ $ $ $ $ $ $ $ TOTAL: $ TOTAL INCOME AND DISBURSEMENTS: Total income (total from Part III. A.): $ Total disbursements (total from Part III. B.): -$ ( ) Net income/(loss): $ Cash & cash equivalents balance from Fiduciary’s Account (or Inventory if this is the first account): $ Ending cash & cash equivalents (total from Part I. B.): $ Part IV. Assets changed or deleted Describe assets (other than brokerage accounts) that changed during the reporting period. For example, if you sold a house, provide the date of the sale, the selling price, where you deposited the proceeds of the sale (e.g., which bank account), and explain why it was sold. Attach HUD-1 settlement statements, bills of sale, or other documents that show changes or confirm sales. Attach additional sheets if needed. Part V. Other A. HEALTH INSURANCE AND EXPENSES Attach proof of insurance or notices of eligibility. Coverage type Provider Medical Dental Vision Prescription Other: CC-GN-012 (Rev. 07/2021)Page 7 of 9 ANFR1; ANFR2; ANFR3; ANFRE Does the minor or disabled person have or do you anticipate medical expenses the court should know about? ☐ Yes ☐ No If yes, explain: B.OTHER MATTERS De scribe pending litigation, potential claims, potential inheritances, other public benefits (e.g., food stamps), or other matters of which the court should be aware. BOND The fiduc iary bond, if any, has been filed in this action in the amount of $ on . Attach a copy of the bond. PROPOSED FINAL DISTRIBUTION OF REMAINING ASSETS OF THE ESTATE For final fiduciary account only. Attach additional sheets if needed. The proposed di stribution of the estate to be made as of the approximate date of , is as follows: CC-GN-012 (Rev. 07/202\\u0014)Page 8 of 9 Date Date ANFR1; ANFR2; ANFR3; ANFRE VERIFICATION: 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. ☐This is a n ew address since the last report (or since appointment if this is your first report). ☐This is a n ew address since the last report (or since appointment if this is your first report). CC-GN-012 (Rev. 07/2021) Page 9 of 9 Date Signature of Guardian 1 Printed Name Address City, state, zip Telephone Fax E-mail Attorney Number Date Signature of Guardian 2 (if applicable) Printed Name Address City, state, zip Telephone Name of Fiduciary’s Attorney Address City, state, zip ANFR1; ANFR2; ANFR3; ANFRE

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