Petition For Guardianshipof Minor

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.

Petition For Guardianshipof Minor 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 Petition For Guardianshipof Minor

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Guardianshipof Minor:

• 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 1313 - Petition For Guardianshipof Minor 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 1313, 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 1313 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 1313 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 Petition For Guardianshipof Minor 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?

Sponsored by Atticus App

Need help with Maryland Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 1313 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 1313, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Guardianshipof Minor 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 1313 - Petition For Guardianshipof Minor 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.

Petition For Guardianshipof Minor 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 1313 - Petition For Guardianshipof Minor. You can use this to get an idea of the context of the form and what type of information is needed.

In the Matter of PETITION FOR GUARDIANSHIP OF MINOR (Md. Rule 10-111) INSTRUCTIONS 1. Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled. 2. If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112. 3.If guardianship of more than one minor is sought, a separate petition must be filed for each minor, except that a petition may include a request for guardianship of two or more similarly situated full siblings. If guardianship of more than one sibling is sought, complete a separate Paragraph 1 for each sibling. In Paragraphs 2-13, if a response does not apply to all siblings, provide the requested information as to each sibling. 4. If the petition is to be filed in the Circuit Court for Baltimore City, use “Baltimore City” as the name of the county. ☐Guardianship of Person☐Guardianship of Property☐Guardianship of Person and Property T he petitioner, , , whose address is , and whose telephone number is , and whose e-mail address (if available) is , represents to the court that: 1. Minor’s n ame Age Birthdate Male/ Female Child of: Minor resides at: A birth certificate of the minor(s) is/are attached. CC-GN-001 (Rev. 10/2021) Page 1 of 6 PEGUA ☐CIRCUIT ☐ ORPHANS’ COURT FOR City/County , MARYLAND Located at Court Address Case No. Name of Minor Docket Reference Name Age and and and and and and Case No. 2.If the minor(s) does/do not reside in the county in which this petition is filed, state the place in this count y w here the minor(s) is /are currently locate d . NOTE: For purposes of this fo rm, “county” includes Baltimore City. 3. The relationship of the petitioner to the minor(s) is/are . 4.The minor(s) ☐is/are a beneficiary of the Veterans Administration and the guardian may expect to receive benefits from that Administration. ☐is/are not a beneficiary of the Veterans Administration. 5.Complete Section 5 if the petitioner is asking the court to appoint the petitioner as the guardian. (Check only one of the following boxes) ☐I have not been convicted of a crime listed in Code, Estates and Trusts Article, §11-114. ☐I was convicted of such a crime, namely . The conviction occurred in , in the , but the following good cause exists for me to be appointed as guardian: . 6.Complete Section 6 if the petitioner is asking the court to appoint an individual other than the petitioner as the guardian. 6 a. Prospective Guardian of the Person (Complete section 6 a if seeking guardianship of the person.) The name of the prospective guardian of the person is and that individual’s age is . The relationship of that individual to the minor(s) is /are . (Check only one of the following boxes) ☐has not been convicted of a crime listed in Code, Estates and Trusts Article, §11-114. ☐was convicted of such a crime, namely . The conviction occurred in , in the , but the following good cause exists for the individual to be appointed as guardian: . CC-GN-001 (Rev. 10/2021)Page 2 of 6 PEGUA Year Name of court Name of prospective guardian Name of prospective guardian Year Name of court Case No. 6 b. Prospective Guardian of the Property (Complete section 6 b if the prospective guardian of the property is different from the prospective guardian of the person or if guardianship of the person is not sought.) The name of the prospective guardian of the property is and that individual’s age is . The relationship of that individual to the minor(s) is /are . (Check only one of the following boxes) ☐has not been convicted of a crime listed in Code, Estates and Trusts Article, §11-114. ☐was convicted of such a crime, namely . The conviction occurred in , in the , but the following good cause exists for the individual to be appointed as guardian: . 7. S tate the name and address of any additional person on whom service shall be made on behalf of the minor(s), including a minor who is at least 10 years of age: . 8.The following is a list of the names, addresses, telephone numbers, and e-mail addresses, if known, of all interested persons (see Code, Estates and Trusts Article, §13-101(k)). List of Interested Persons Parents: S iblings: A ny Other Heirs at Law: CC-GN-001 (Rev. 10/2021)Page 3 of 6 PEGUA Name of prospective guardian Name of prospective guardian Year Name of court Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Name Address Name Address Name Address Name Address Name Address Name Address Name Address Case No. Guardian (if appointed): A ny Person Holding a Power of Attorney of the Minor(s): M inors’ Attorney: A ny Other Person Who Has Assumed Responsibility for the Minor(s): A ny Government Agency Paying Benefits to or for the Minor(s): A ny Person Having an Interest in the Property of the Minor(s): A ll Other Persons Exercising Control over the Minor(s) or the Minors’ Property: A Person or Agency Eligible to Serve as Guardian of the Person of the Minor(s): 9.T he names and addresses of the persons with whom the minor(s) resided over the past five years, and the approximate dates of the minors’ residence with each person are, as follows: Names Addresses Approximate Dates 10.G uardianship is sought for the following reason(s): . CC-GN-001 (Rev. 10/2021)Page 4 of 6 PEGUA Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Telephone Number E-mail Address (if known) Name Address Telephone Number E-mail Address (if known) Name Address Name Address Name Address Name Address Name Address Name Address Name Address Case No. 11.If this petition is for Guardianship of the Property, the following is the list of all the property in which the minor(s) has/have any interest including an absolute interest, a joint interest, or an interest less tha n a bsolute (e.g. trust, life estate). Property Location Value Sole Owner, Joint Owner, (specific type), Life Tenant, Trustee, Custodian, Agent, etc. 12. T he petitioner’s interest in the property of the minor(s) listed in 11 is . 13.(a) All other proceedings regarding the minor(s) (including any proceedings in juvenile court) are, as f ollows: . ( b) All proceedings regarding the petitioner and prospective guardian filed in this court or any other court are, as follows: . 14.A ll exhibits required by the instructions below are attached. CC-GN-001 (Rev. 10/2021)Page 5 of 6 PEGUA Case No. WHEREFORE, petitioner requests that this court issue an order to direct all interested persons to show cause why a guardian of the ☐ person ☐ property ☐ person and property of the minor(s) should not be appointed, and (if applicable) should not be appointed as the guardian. If there is no attorney: P etitioner solemnly affirms under the penalties of perjury that the contents of this document are true to the best of petitioner’s knowledge, information, and belief. ADDITIONAL INSTRUCTIONS 1.The required exhibits are as follows: (a) A copy of any instrument nominating a guardian [Code, Estates and Trusts Article, §13-701 a nd Mar yland Rule 10-301(d)]; (b ) If the petition is for the appointment of a guardian for a minor(s) who is/are a beneficiary of the D epartment of Veterans Affairs, a certificate of the Administrator or the Administrator’s authorized representative, setting forth the age of the minor(s) as shown by the records of the Veterans Administration, and the fact that appointment of a guardian is a condition precedent to the payment of any money due the minor(s) from the Veterans Administration shall be prima facie evidence of the necessity for the appointment [Code, Estates and Trusts Article, §13-802 and Maryland Rule 10-301(d)]. 2. A ttach additional sheets to answer all the information requested in this petition, if necessary. CC -GN-001 (Rev. 10/2021)Page 6 of 6 PEGUA Date Petitioner’s Name Petitioner’s Signature Petitioner’s E-mail Petitioner’s Address City, State, Zip Telephone Number Fax E-mail Name of prospective guardian Date E-mail Fax Telephone Number City, State, Zip Attorney’s Address Attorney’s Name Attorney Number Attorney’s Signature