Documents Required to Apply for Probate Appointment and Oath in Maryland

Short answer: To apply for appointment as a personal representative (executor/administrator) and to take the required oath in Maryland, you typically must file the decedent’s original will (if any), a certified death certificate, a completed application or petition for appointment, an acceptance of appointment and oath form, information about heirs and beneficiaries, and any bond or bond waiver documents. County courts may require additional local forms.

Detailed answer — What you must bring and file

Maryland handles probate through the circuit court in the county where the decedent lived. The exact labels of forms vary by county, but the substance is the same statewide. Below is a practical, step-by-step breakdown of the usual documents and information courts expect when someone asks to be appointed and takes the oath as the personal representative (executor or administrator):

1. Original will (if one exists)

If the decedent left a will, file the original will with the probate court. The court needs the original signed will to determine the person(s) nominated to serve. If you do not have the original, contact the attorney who prepared the will or anyone who may hold it; courts do not accept photocopies as a substitute for the original in most cases.

2. Certified copy of the death certificate

Bring a certified (official) copy of the death certificate. The court uses the death certificate to confirm the decedent’s death and date of death.

3. Application or petition for appointment (grant of probate or administration)

You must file a written application (sometimes called a petition) seeking a grant of probate (when there is a will) or administration (when there is no will). The filing usually includes:

• Decedent’s full legal name and address;
• Date and place of death;
• Whether a will exists and whether you are named in it;
• Estimated value of the estate (assets and debts); and
• Names, addresses, and relationships of heirs and beneficiaries.

Check your county’s circuit court or Orphans’ Court forms page for the exact application form and instructions.

4. Acceptance of appointment and oath (Oath of Personal Representative)

After the court appoints you, you will complete and file an acceptance of appointment and take an oath promising to faithfully execute your duties. Many Maryland counties provide a standardized oath form for personal representatives; the clerk will often administer or accept the oath at the time of appointment.

5. Bond or bond waiver

Maryland courts commonly require a fiduciary bond for a personal representative unless the will waives bond or all interested persons entitled to receive notice sign a waiver. If a bond is required, you must file proof of the surety bond. If the will waives bond, file a copy of the relevant will provision and any signed waivers from beneficiaries.

6. List of heirs and beneficiaries / Addresses

Provide a list of potential heirs and beneficiaries with their contact information and relationships to the decedent. The court uses this information to issue required notices and to make sure the right people are informed.

7. Renunciations, disclaimers, or consents (if applicable)

If someone with priority to serve has already renounced (declined) the appointment, provide a signed renunciation. If beneficiaries agree to a specific procedure (for example, waiver of bond), have them sign the appropriate forms.

8. Local or county-specific forms

Many Maryland counties use local probate forms (cover sheets, inventories, or checklists). Check the county circuit court/orphans’ court website where you will file for specific local requirements and forms.

9. Identification and contact information

Court clerks usually require government-issued photo ID for the person applying. Also bring the applicant’s contact information and social security number (often needed later for tax and estate account purposes).

Process overview and timing

1) File the original will (if any) and the application with the circuit court clerk in the county where the decedent lived. 2) The court reviews the application and may set a hearing or approve the appointment by clerk’s order. 3) The appointed personal representative signs the acceptance and takes the oath; the court issues Letters of Administration or Letters Testamentary (the formal appointment documents). 4) If required, the personal representative posts bond and files an inventory and other required reports later in the administration.

Maryland’s statewide probate procedures and practical guidance are available through the Maryland Courts’ probate pages: Maryland Courts — Probate & Estates.

Relevant Maryland law and guidance

Maryland’s Estates and Trusts laws control appointment of personal representatives and related matters. For statutory language and specific legal rules, see the Maryland Code, Estates and Trusts (use the Maryland General Assembly website for the statutory text). For practical filing information, forms, and county procedures, use the Maryland Judiciary website and your county circuit court’s probate/orphans’ court pages:

• Maryland Code — Estates & Trusts (General statutory provisions)
• Maryland Courts — Probate & Estates (forms, guides, contact info)

Hypothetical example

Jane Doe dies in Baltimore County with a will naming her friend Sam as executor. To apply, Sam would bring Jane’s original will, a certified death certificate, a completed application for grant of probate (Baltimore County form), a signed acceptance and oath, a government ID, and either proof the will waives bond or a surety bond if the will does not waive bond. Sam would also provide a list of beneficiaries and their addresses so the court can issue notices.

Helpful Hints

• Contact the county circuit court clerk or Orphans’ Court before you go. Counties often have checklists and sample forms you can download.
• Bring multiple certified copies of the death certificate — banks and agencies often request originals.
• If the original will is missing, notify the court and any attorney who may have prepared it; you may need to explain the absence in a hearing.
• If you expect bond to be required, contact an insurance agent or bond company in advance to get a quote and to avoid delay.
• Keep a folder of copies of all documents you file or receive from the court — you will need them during administration.
• If several people have equal priority to serve, bring any signed renunciations to prove you are the next qualified applicant.
• Ask the clerk whether you can submit forms electronically or whether in-person filing is required in your county.

Disclaimer: This article explains general Maryland probate filing practices and is for informational purposes only. It does not constitute legal advice. Laws and local procedures change; consult a Maryland-licensed attorney or the circuit court clerk in the county where the decedent lived for advice specific to your situation.