Can I be appointed administrator of my dad’s estate if he died without a will?
Short answer: Yes — as a child you are a high-priority heir under Maryland law and can petition the court to be appointed the estate’s administrator (sometimes called a personal representative or administrator). You must open an administration case in the county where your father lived, follow the court’s steps (filing a petition, providing notice, possibly posting bond), and perform the administrator’s duties until the estate is closed.
Detailed answer — step-by-step under Maryland law
1. Confirm there is no valid will
Start by checking whether your father left any signed will, a safe-deposit box, or a lawyer who may have one. If a valid will existed, the court follows it and a named executor may be appointed. If no will is found, the estate is intestate and Maryland’s probate process for intestacy applies. Maryland’s Estates & Trusts laws and the Maryland courts govern this process; see the Maryland Code, Estates & Trusts (Maryland General Assembly) and the Maryland Courts’ probate information for local procedures: Md. Code, Estates & Trusts (Maryland General Assembly) and Maryland Courts: Estate & Probate Information.
2. Who has priority to be appointed administrator?
When there is no will, Maryland law gives priority to certain relatives. Generally the order is: the surviving spouse (if any), then children, then parents, then siblings, and then more remote relatives. As a surviving adult child you are near the top of the priority list and are often eligible to serve as administrator. The Orphans’ Court or Register of Wills in the county where your father lived handles appointments.
3. Where to file — the local Register of Wills / Orphans’ Court
Administration proceedings are initiated through the county Register of Wills (or Orphans’ Court procedures). You file a Petition for Administration with the Register of Wills in the county where your father resided at death. The court will schedule the appointment, determine who is qualified, and issue Letters of Administration (proof that you are authorized to act for the estate).
4. Documents and information you will typically need
- Certified copy of the death certificate.
- Petition for appointment (form available from the county Register of Wills).
- Proof of your identity and relationship (birth certificate, family records).
- List of known assets and creditors (bank accounts, real estate, retirement accounts, insurance, personal property).
- Names and contact information for heirs and next-of-kin.
5. Bond, notice, and competing applicants
The court may require the administrator to post a bond to protect the estate against mismanagement; sometimes bond can be waived by agreement of the heirs or by the court. The Register of Wills will require notice to interested persons (heirs, creditors) and allow other qualified people to contest the appointment. If someone objects, the Orphans’ Court resolves who should serve.
6. What the administrator must do after appointment
Once appointed and after receiving Letters of Administration, the administrator’s duties typically include:
- Collecting and safeguarding estate assets.
- Filing an inventory with the court (if required by county rules).
- Notifying known creditors and publishing notice to unknown creditors as required.
- Paying valid debts, final taxes, and administrative expenses (including funeral bills) in priority order under Maryland law.
- Distributing the remaining property to heirs according to Maryland’s intestacy rules.
- Filing final accounting and closing the estate with the court.
7. Timeline and costs
TIMELINE: The process can take a few months for a simple estate without disputes, and longer if there are many assets, creditors, tax issues, or contested matters.
COSTS: Court filing fees, possible bond premiums, costs to publish notice, and attorney fees (if you hire one) are typical expenses paid from estate funds.
8. When you should consider hiring a probate attorney
Consider hiring an attorney if the estate has complicated assets (real property, businesses, out-of-state assets, retirement accounts with tax consequences), unresolved debts or creditor claims, potential disputes among heirs, or if you are unfamiliar with court filings. An attorney can prepare and file petitions, represent you in contested matters, and guide the distribution and closing of the estate.
Relevant Maryland law and resources
- Maryland Code, Estates & Trusts (intestate succession and administration): https://mgaleg.maryland.gov/
- Maryland Courts — probate and estate administration information and local Register of Wills contacts: https://www.mdcourts.gov/legalhelp/estate
- Local county Register of Wills or Orphans’ Court (search via Maryland Courts site for county contacts and forms).
Helpful Hints
- Get multiple certified death certificates early — banks and agencies often require originals.
- Check for joint accounts, payable-on-death designations, or trust ownership — those assets may pass outside probate.
- Make a list of all financial institutions, account numbers, titles to real estate, life insurance policies, and contact information for other heirs.
- Don’t distribute estate property before you are officially appointed and authorized — premature distributions can create personal liability.
- Keep thorough records and receipts for every estate transaction; you will need them for accountings and to avoid disputes.
- If you expect disputes about appointment or distribution, get legal advice promptly — contested cases become harder to resolve the longer they go unaddressed.
- Contact the county Register of Wills for the specific forms and local rules in the county where your father lived — procedures and forms vary by county.
Next practical steps: 1) Locate a certified death certificate and any paperwork (safe-deposit boxes, attorney contact). 2) Call the Register of Wills in the county where your father lived to ask about filing a Petition for Administration and ask for the required forms and fee schedule. 3) Gather documents proving your relationship and the estate’s assets. 4) If the estate seems complex or contested, consult a probate attorney for advice.
Disclaimer: This article provides general information about Maryland probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a qualified Maryland probate attorney or the Register of Wills in your county.