Detailed Answer
Short answer: In Maryland, heirs who face an unresponsive or refusing estate administrator (personal representative) can demand documentation, ask the Register of Wills or Orphans’ Court for help, seek a court-ordered accounting, petition to remove or surcharge the personal representative, request bond relief or an appointment of a successor, and — if needed — pursue a civil claim or criminal referral. These remedies are meant to enforce fiduciary duties and protect estate assets.
How Maryland law frames the problem
When someone is appointed as an estate administrator (often called a personal representative in Maryland), they owe fiduciary duties to the estate and its beneficiaries: to collect and protect assets, pay debts and taxes, and distribute assets according to the will or law. If the personal representative ignores heirs, refuses distribution without a lawful reason, or wastes estate property, beneficiaries have formal steps and court remedies under Maryland probate law to force compliance and obtain compensation for breaches of duty. See Maryland Code, Estates and Trusts (overview): mgaleg.maryland.gov — Estates & Trusts.
Step-by-step practical options for heirs
1) Gather information and communicate in writing
- Collect basic documents: the will (if any), letters testamentary/administration (proof of appointment), any inventory filed, and the probate case docket.
- Send a written request (certified mail/email if available) to the personal representative asking for an inventory, account, and an explanation for delay or refusal, and set a reasonable deadline (for example, 14–30 days).
2) Check the probate court file and registers
- Search the probate docket at the county Register of Wills or Orphans’ Court clerk to see what the personal representative has filed (inventory, accounts, petitions). The Register of Wills is the first local office to contact: Maryland Courts — Register of Wills.
3) Demand an accounting
- Maryland requires that personal representatives keep proper records and provide accountings when required. If the administrator refuses to provide an accounting voluntarily, heirs may petition the Orphans’ Court (or appropriate probate court) for an order compelling an accounting or for judicial audit of the estate records. See Orphans’ Court information: Maryland Orphans’ Courts.
4) Petition to remove the personal representative
- If the personal representative is neglectful, incompetent, dishonest, or otherwise not performing duties, heirs can petition the Orphans’ Court to remove and replace them. Grounds include failure to account, wasting assets, refusal to act, or conflicts of interest.
5) Seek surcharge, bond remedies, or restitution
- The court can surcharge (monetarily charge) a personal representative who improperly handled estate assets. If the estate bond is inadequate, heirs can ask the court to increase the bond to protect assets.
6) Use contempt, garnishment, or other enforcement tools
- If the court orders an accounting or distribution and the personal representative disobeys, heirs can ask the court to hold the representative in contempt, order turnover of assets, or use other enforcement mechanisms (writs, garnishments) to recover estate property.
7) File a civil action for breach of fiduciary duty or conversion
- If the administrator converted assets or otherwise breached fiduciary duties, heirs may bring a civil lawsuit against the representative for monetary damages in addition to probate remedies.
8) Criminal referral for theft or fraud
- When an administrator steals estate property or commits fraud, heirs can report the conduct to law enforcement or the State’s Attorney for possible criminal prosecution.
Timing, records, and typical timelines
Maryland probate rules and local Orphans’ Courts may set specific deadlines for inventories, filings, and accountings. Even when deadlines vary by county, acting promptly is important: preserve evidence, send formal written demands, and file petitions in the probate court without undue delay. If you wait too long, certain claims (statute of limitations) can be harder to bring — consult local counsel promptly.
Who to contact in Maryland
- Register of Wills for the county where probate is open: https://www.mdcourts.gov/registers
- Local Orphans’ Court (handled by county courts): https://www.mdcourts.gov/orphanscourt
- Maryland Code, Estates and Trusts (statutes governing probate duties and remedies): mgaleg.maryland.gov — Estates & Trusts
When to consult an attorney
Consider hiring a Maryland probate attorney if the personal representative refuses to respond after written demand; if assets appear missing or misused; if you must file a petition to remove or surcharge the personal representative; or if complex accounting, tax, or litigation issues arise. An attorney can draft and file required petitions, represent you in Orphans’ Court, and evaluate civil or criminal remedies.
Disclaimer: This article explains general Maryland probate options and does not constitute legal advice. It is not a substitute for consulting a qualified Maryland attorney about your specific situation.
Helpful Hints
- Document everything: keep copies of the will, letters of appointment, written requests to the personal representative, and any responses.
- Send clear written demands and keep proof of delivery (certified mail or email with read receipt).
- Check the probate docket early: the Register of Wills and Orphans’ Court filings reveal what the personal representative has done or not done.
- Ask for basic estate papers first: the inventory, accountings, bank statements, and proof of paid debts/expenses.
- Be specific in petitions: state concrete acts (dates, amounts, missing assets) rather than general complaints.
- Consider mediation for disputes over distributions before prolonged litigation — some courts encourage settlement.
- Act promptly: delays can increase risk to the estate and limit legal remedies.
- If theft or fraud seems likely, preserve electronic evidence and consider an immediate criminal referral while pursuing civil remedies.