Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. If you need help with a Maryland probate or estate administration matter, consult a licensed Maryland attorney or the local register of wills.
Detailed Answer
When a person dies, a court or the register of wills in Maryland appoints someone to collect the deceased person’s assets, pay debts and taxes, and distribute the remainder to beneficiaries. That appointed person may be called an administrator (if there is no valid will) or a personal representative/executor (if there is a will). Maryland courts consider a mix of statutory rules and practical factors when deciding who should serve.
Statutory priority and nomination
Maryland law establishes a preferred order for appointment. If the decedent left a valid will, the court generally gives priority to the person named as executor. If there is no will (intestate), or the named person is unable or unwilling to serve, the court follows the statutory order of priority among relatives and other interested persons. For an overview of Maryland probate procedure and the relevant code, see the Maryland Courts probate pages and the Maryland Estates & Trusts statutes:
Common factors courts evaluate before appointing an administrator
The court balances statutory rules with practical considerations. The most common factors include:
- Statutory priority and testamentary nomination: A will’s nominated executor ordinarily has strong claim to appointment. If there is no nomination, the court considers next-in-line relatives or other parties under the statute.
- Willingness to serve: The court will not force someone to serve. A candidate must accept the appointment and be willing to perform the duties.
- Ability and availability: The court asks whether the person can reasonably manage the estate’s administration. That includes time availability, basic organizational ability, and capacity to locate assets and creditors.
- Legal capacity and age: The appointee must be legally competent and of the minimum age required by law (typically an adult). If someone lacks capacity, the court will decline appointment.
- Conflict of interest: The court considers whether the nominee has conflicts that might prevent impartial administration or lead to abuse — for example, serious disputes with beneficiaries or direct financial conflicts.
- Criminal history and credibility: A court may decline to appoint a person with certain convictions or a history that undermines trustworthiness. The court’s focus is on whether the person can responsibly manage estate affairs.
- Residency and place to administer: Local rules and practical concerns (where assets and records are located) can influence the decision. Maryland courts and registers of wills may have residency-related practicalities and procedural requirements; see the Maryland Courts probate pages for local practice guidance: https://www.mdcourts.gov/probate.
- Bond and financial standing: The court often requires a bond to protect estate creditors and beneficiaries. If the nominee cannot post bond and bond cannot be waived, the court may appoint someone else or require a corporate fiduciary.
- Prior misconduct or litigation involving the nominee: Active litigation against the nominee involving fraud, fiduciary breach, or other relevant matters may weigh against appointment.
- Family harmony and creditor interests: The court considers the potential for administration to proceed smoothly. If one candidate is likely to provoke prolonged litigation among heirs, the court may choose a neutral third party.
- Expertise for complex estates: For estates with substantial businesses, real property, or tax complexity, the court may favor a nominee with relevant experience or recommend hiring professionals (attorneys, accountants) even if the court appoints a family member.
Practical Maryland-specific notes
– If the decedent named an executor in a will, the court generally gives the nominated person first priority, subject to the court’s review of fitness and willingness to serve. If that person declines or is disqualified, the probate process moves to the next person in the statutory order.
– The register of wills and/or the orphans’ court in the county where the decedent lived handles appointments and oversight in Maryland. See the Maryland Courts pages for county-specific procedures: https://www.mdcourts.gov/probate.
– Maryland statutes set out the formal framework for who may be appointed and how; consult the Estates & Trusts Article of the Maryland Code for the governing language: Maryland Code, Estates & Trusts.
What the appointment means
An appointed administrator (personal representative) takes on fiduciary duties. They must act in the estate’s and beneficiaries’ best interests, preserve assets, pay valid debts and taxes, and provide accounting to the court or beneficiaries. Failure to perform properly can result in personal liability, surcharge, or removal.
Helpful Hints
- Bring the death certificate, any will, and a list of known assets and creditors when you contact the register of wills.
- If you are named as executor in a will, be prepared to file the will with the register of wills and to state whether you accept the role.
- Consider whether you can post bond or whether beneficiaries will agree in writing to waive bond (bond requirements vary by case and county).
- If family members disagree about who should serve, the register of wills or orphans’ court may hold a hearing — keep communication records and be ready to explain why you are fit to serve.
- For complex estates, consult a probate attorney early to understand duties, timing, taxes, and creditor deadlines.
- Check the Maryland Courts probate web pages and your county’s register of wills for local forms and instructions: https://www.mdcourts.gov/probate.
- If you are worried about conflicts of interest or family disputes, ask the court about appointing a neutral professional fiduciary or a corporate fiduciary to reduce litigation risk.
If you have questions about a specific circumstance, speak with a Maryland probate attorney or the local register of wills. They can explain local rules, bond requirements, and the likely outcome based on the facts.