Detailed answer — step-by-step under Maryland law

When the person who was administering an estate (often called the administrator or executor) dies before the probate process is completed, Maryland law provides procedures to replace that representative so the estate can be administered and closed. Below are the common, practical steps you should expect and take. This is a general overview — local register of wills offices and Orphans’ Courts may have specific practices.

1. Secure the estate assets immediately

   Protect bank accounts, real property, personal property, and safe-deposit boxes. Notify banks and insurers of both deaths (the decedent and the administrator) so accounts can be frozen or protected as needed. If necessary, ask the court for a short-term special administrator to preserve assets (see step 4).

2. Gather key documents

   Collect the original will (if any), the death certificate for the decedent whose estate is being administered, the death certificate for the administrator, any letters of administration/executor previously issued, inventories, bank statements, creditor notices, and a copy of the administrator’s filings. These will speed the successor appointment and accounting.

3. Notify the Register of Wills or Orphans’ Court

   Contact the Register of Wills or the Orphans’ Court in the county where the estate is being probated and tell them the current administrator has died. The court office will explain local next steps, required forms, and any deadlines. Maryland Judiciary probate information: https://www.mdcourts.gov/probate.

4. ask the court to appoint a successor personal representative

   If the original administrator was appointed by the court (letters of administration or letters testamentary), the estate needs a successor. Typical routes are:

   • File a petition with the Orphans’ Court or Register of Wills asking to appoint a successor personal representative (sometimes called successor administrator or successor executor).
   • The court will check whether the decedent’s will (if any) named an alternate executor. If the will named an alternate, the court normally appoints that person.
   • If there is no will or no named alternate, Maryland follows a priority for appointment—commonly the surviving spouse, then adult children, then other legal heirs or creditors—subject to the court’s discretion and any petitions filed by interested parties.

   In urgent situations the court can appoint a short-term or special administrator to act right away to preserve assets until a permanent successor is appointed.

5. Bond, waivers, and qualifications

   The court may require the successor to post a bond (insurance protecting the estate from mismanagement). Family members or beneficiaries can sometimes waive the bond by filing written waivers with the court. The court will also confirm the successor meets qualifications under Maryland law before issuing new letters.

6. Transfer authority and continue administration

   Once the court issues new letters of administration or testamentary letters to the successor, that person has the legal authority to collect assets, pay debts and taxes, file required accountings, and distribute the estate per the will or Maryland intestacy laws. The successor must follow the same duties as the original administrator, including filing inventories, paying creditors in the correct order, and providing final accountings and petitions for distribution.

7. Creditors, accounting, and final distribution

   The successor must give proper notice to creditors, handle claims, and file accountings and petitions for distribution with the court. The court will supervise final distributions once taxes, debts, and administrative expenses are paid.

8. When disputes arise

   If beneficiaries or creditors disagree who should serve, or if there are disagreements about past administration (for example, allegations of mismanagement by the deceased administrator), the Orphans’ Court will resolve those disputes; contested matters may require hearings. Interested persons should preserve records and consult counsel.

Maryland’s probate system is administered through the Register of Wills and Orphans’ Courts. For general statute text and the Estates & Trusts Article of the Maryland Code, see the Maryland General Assembly’s code resource: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText. For local procedures and forms, contact the Register of Wills in the county where probate is pending or visit the Maryland Courts probate pages: https://www.mdcourts.gov/probate.

Helpful Hints

• Get certified copies of both death certificates. Courts and financial institutions require them.
• Locate the original will and any letters of administration or testamentary. These speed the successor appointment.
• Contact the Register of Wills or Orphans’ Court promptly — they can tell you the precise form, fees, and local practice.
• If assets risk loss (e.g., house exposed to damage, bank accounts at risk), ask the court for a temporary/special administrator immediately.
• Keep a clear file of all estate correspondence, inventories, receipts, and disbursement records. Good records reduce disputes.
• If you are a beneficiary or potential successor, consider getting an attorney to file the petition for successor appointment and to protect your rights. Legal help is especially important if there’s a contest or complex assets (business interests, taxes, out-of-state property).
• Ask beneficiaries to consider waiving bond in writing if they trust the successor — this often speeds administration and reduces cost.
• Expect some delay: appointment of a successor, bond issues, creditor notices, and court scheduling all add time to closing the estate.