What to do if the person named as executor refuses to serve

Short answer: In Maryland, if the person your parent named as executor (personal representative) refuses or is unable to serve, the probate court can appoint the alternate named in the will. If there is no alternate, the court will appoint another person according to Maryland’s priority rules. You can file a petition with the Orphans’ Court in the county where your parent lived asking the court to admit the will to probate and appoint you as personal representative. This article explains the steps, paperwork, and common issues you’ll face.

Detailed answer — how appointment works in Maryland

First, some basic terms. In Maryland the person named in a will who manages the estate is commonly called the executor or personal representative. Probate and appointment are handled by the county Orphans’ Court (or register of wills in some counties). The general process when the named executor refuses is:

1. Check the will for an alternate executor. Many wills name a primary and one or more alternates. If an alternate exists, the court typically appoints that person after the primary renounces or declines. Locate the original will and read it carefully.
2. Determine whether the named executor has formally renounced. A nominal refusal may be verbal. The named executor should sign a written renunciation or a form fileable with the Orphans’ Court to make the refusal official. If they will not sign, the court still can accept evidence of refusal and proceed.
3. File a petition with the Orphans’ Court to admit the will to probate and to appoint a personal representative. You (or another interested person) file the petition in the county where your parent lived. The petition asks the court to admit the will and appoint a personal representative. Include the original will and a certified copy of the death certificate with the petition. The clerk can give you the exact forms for your county. See Maryland Courts’ probate information: https://www.mdcourts.gov/probate/personalrepresentatives and the Orphans’ Court page: https://www.mdcourts.gov/probate/orphanscourt.
4. Court priority and discretionary appointment. If an alternate is named in the will, the court usually appoints that person. If there is no alternate, Maryland law allows the court to appoint someone based on statutory priorities and the best interests of the estate. Typical preferences include the surviving spouse, adult children, other heirs, or creditors with an interest in the estate. The court also considers competence, availability, residency, and whether a bondsman is required. For general statutory authority and rules governing estates and probate, see the Maryland Estates and Trusts statutes: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=estate.
5. Bond requirement and waivers. Maryland courts may require a surety bond for a personal representative unless the will waives the bond or the court orders otherwise. If you want to serve and the will waives bond for the named representative only, you may still need to post bond. Ask the clerk whether a bond is required and how to request a waiver.
6. Acceptance, oath, and letters of administration. Once appointed, you will sign an acceptance, take an oath, and the court issues letters (Letters Testamentary or Letters of Administration with the will annexed) that allow you to act for the estate. These documents let banks, government agencies, and others recognize you as the authorized representative.
7. What if someone objects? Interested persons (heirs, beneficiaries) may object to an appointment or contest the will. The Orphans’ Court handles contests, and contested matters may require a hearing where parties present evidence. If the named executor refuses but another interested person objects to your appointment, the court will resolve the dispute under Maryland law and local rules.

Practical steps you can take right now

• Locate the original will and the death certificate.
• Ask the named executor to sign a written renunciation if they truly refuse; that speeds court processing.
• Call the Orphans’ Court or Register of Wills in the county where your parent lived and request the forms and instructions for filing a petition for probate. County court information is here: https://www.mdcourts.gov/probate/orphanscourt.
• Gather basic documents: original will, death certificate, contact information for heirs and beneficiaries, asset list (bank accounts, deeds, life insurance policies).
• Be ready to post bond if required, or to ask the court to waive bond if permitted by the will or circumstances.

Common issues and how courts typically handle them

Refusal vs. incapacity: If your sibling refuses in writing, the court will accept that and move on. If they are incapacitated or unreachable, the court may appoint someone else after appropriate notice.

Multiple people want the job: The court will evaluate who is most appropriate considering statutory guidelines, potential conflicts of interest, and the estate’s needs.

Will names an executor who died before the decedent: The court looks for an alternate. If none, the court follows statutory appointment procedures.

Helpful Hints

• Start at the county Orphans’ Court clerk’s office — every county has slightly different procedures and local forms.
• If the named executor refuses, ask for a signed renunciation. A written renunciation speeds the process and avoids unnecessary hearings.
• Bring the original will to court. Photocopies usually are not sufficient to probate the will.
• Expect a bond requirement unless the will or court waives it. Budget for bond costs if you expect to serve.
• Notify beneficiaries and heirs promptly to reduce conflict and to meet notice requirements.
• If someone objects or the situation looks contested, consult an attorney experienced in Maryland probate and Orphans’ Court practice.
• Use Maryland Courts’ resources and forms: https://www.mdcourts.gov/probate/forms.
• Remember that acting without court authority (e.g., moving assets) can create personal liability. Wait for Letters before exercising fiduciary powers.

Where to get help

Contact the Orphans’ Court clerk in the county where your parent lived for procedural guidance. If the estate is complex, contested, or there are disputes about the will, consider speaking with a Maryland probate attorney. The Maryland Courts probate pages are a reliable starting point: https://www.mdcourts.gov/probate/personalrepresentatives.

Disclaimer: This article is for general informational purposes only and does not create an attorney‑client relationship. It is not legal advice. Laws vary by state and by county procedure. For advice specific to your situation, consult a licensed Maryland attorney.