Maryland Probate Form 1321

Petition For Terminationof Guardianship Of The Property

Everything you need to know about Maryland Form 1321, 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 Petition For Terminationof Guardianship Of The Property

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 Terminationof Guardianship Of The Property 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 Terminationof Guardianship Of The Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Terminationof Guardianship Of The Property:

  • This form pertains to the State of Maryland

  • The official Maryland source for this form is here.

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 1321 - Petition For Terminationof Guardianship Of The Property up to date, certain details can change from time-to-time with little or no communication.

How to file Form 1321

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 1321, 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 1321 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 1321 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 Terminationof Guardianship Of The Property 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 Petition For Terminationof Guardianship Of The Property 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 1321 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 1321, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 1321 Online

Petition For Terminationof Guardianship Of The Property 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 1321 - Petition For Terminationof Guardianship Of The Property 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 Terminationof Guardianship Of The Property 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 1321 - Petition For Terminationof Guardianship Of The Property 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 Petition For Terminationof Guardianship Of The Property

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 1321

Here’s the text, verbatim, that is found on Maryland Form 1321 - Petition For Terminationof Guardianship Of The Property. 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 Name of Minor or Disabled Person PETITION FOR TERMINATION OF GUARDIANSHIP OF THE PROPERTY I,, whose address is NOTE: Use this form to ask the court to terminate the guardianship of the property of a minor or disabled person. File this form within 45 days after discovery of the grounds for termination in the circuit or orphans' court that has jurisdiction over the guardianship. Attach all required documentation to the petition. The guardianship does not end until the court issues an order terminating the guardianship and releasing the guardian of his/her duties. CC-GN-029 (Rev. 08/2020) Docket Reference CIRCUIT ORPHANS' COURT FOR, MARYLAND Case No. City/County Court Address Located at (Md. Rule 10-710) Name Name of Minor or Disabled Person 1. My relationship to the minor or disabled is Name of Guardian of the Property 2. guardian of the person guardian of the property The following is a list of names, addresses, telephone numbers, and email addresses (if available) of all interested persons (see Md. Code, Estates and Trusts Article, §13-101(j)): Page 1 of 3 guardian of the person and property other (describe): was appointed guardian of the property for Name of Minor or Disabled Person by order of this court on Date of Appointment 3. 4. My interest in the guardianship estate is: I state that: terminate the guardianship of the property of. and whose email address (if available) is, ask that the court , whose telephone number is, PETEG 4. Name of Minor 5. Guardianship of the property should be terminated because (select all that apply): CC-GN-029 (Rev. 08/2020) Name Relationship to Minor or Disabled Person Address Telephone Number Email Address Page 2 of 3 reached the age of majority on . Date of Minor's 18th Birthday A copy of the minor's birth certificate or other proof of age is attached to this petition. Name of Minor became emancipated because of marriage on Date of Minor's Marriage . A copy of the minor's marriage certificate is attached to this petition. Name of Minor or Disabled Person died on. A copy of the Date of Death minor or disabled person's death certificate is attached to this petition. Name of Disabled Person no longer has the disability that was the basis for guardianship (cessation of disability). One (1) original medical certificate showing to the end of the disability was completed by a physician who has examined the disabled person within 21 days of filing of this petition and is attached. (The physician should complete Form CC-GN-022, Medical Certificate - Cessation of Disability.) A probate estate was opened in the Orphans' Court of, . County A probate estate has not been opened because no assets remain in the estate all remaining assets are jointly owned. Estate Number PETEG CC-GN-029 (Rev. 08/2020) Page 3 of 3 All assets in the estate have been distributed as authorized in the order appointing the guardian of 6.Section 6 applies if you are the guardian of the property. Guardianship of the property should be terminated because the following event specified in the order appointing the guardian of the property occurred on Date the property. The following other good cause exists to terminate the guardianship: Attached to this petition is a final Fiduciary’s/Guardian’s Account covering the period not reported in the last account filed, or, if none, from the date you were appointed as guardian of the property. (Use Form CC-GN-012, Fiduciary’s Account, if the guardianship is in the circuit court or RW1320, Guardian’s Account, if the guardianship is in the orphans’ court). 7.Section 7 applies if you are the guardian of the property and there are assets remaining in the estate. Attached to this petition is a proposal for the final distribution of any remaining assets in the estate. 8. All required documentation is attached. FOR THESE REASONS, I ask the court to: 1. Accept my request to terminate guardianship of the property of . Name of Minor or Disabled Person 2. Releaseof the duties as guardian of the property. Name of Guardian of the Property 3. Issue an order requiring interested persons and any other persons directed by the court to show cause why my request should not be granted. 4. Grant any other and further relief as may be required. 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. Signature Date Printed Name PETEG

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