Detailed answer: Opposing a request to take control of estate assets in Maryland probate
This article explains, in plain language, what someone in Maryland can do if another person asks the court to take possession or control of assets from a decedent’s estate during probate. It describes common legal steps, practical evidence to gather, and where to look in Maryland law and court resources. This is educational only and is not legal advice.
1. What usually happens when someone asks for control of estate property?
A petition to take possession or control of estate property is typically filed by a person who claims authority to manage the decedent’s property (for example, an appointed personal representative, an appointed temporary administrator, or someone asserting an emergency need). The court may grant temporary control so assets can be protected, preserved, or used to pay urgent expenses. In Maryland, these matters are handled by the Register of Wills and the Orphans’ Court in the county where the decedent lived. See Maryland Judiciary information for Orphans’ Courts: https://mdcourts.gov/orphanscourt.
2. Who can oppose the request?
You can oppose the request if you have legal standing in the estate. Typical interested parties include beneficiaries named in the will, heirs at law (if there is no will), creditors with valid claims, or another person claiming a superior right to serve as the personal representative. If you are unsure whether you have standing, look at the will (if any) and the list of people the petitioner notified, or consult an attorney.
3. Key legal bases to challenge or ask the court to dismiss the petition
- Improper notice or service: The petitioner must serve notice to required parties. Lack of proper notice can be a basis to object.
- No statutory authority: The petitioner must show authority under Maryland probate law to take possession. If the petition does not cite legal authority or fails to meet the statutory requirements, you can argue dismissal.
- Lack of standing or right to serve as fiduciary: Someone else may have the superior right to serve as personal representative.
- Conflict of interest or incapacity: Allegations that the petitioner cannot properly manage the estate (conflicts, incompetence, prior misconduct) can support an objection.
- Failure to establish an emergency or imminent harm: Many possession petitions seek quick relief. If the petitioner cannot show immediate risk to estate assets, the court may deny or limit relief.
- Improper venue or jurisdiction: The court must have authority over the estate based on the decedent’s residence and applicable rules.
For general statutory guidance on how estates and fiduciaries operate, consult the Maryland Code, Estates and Trusts Article: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et. For practical court procedures and forms, see Maryland Courts’ estate pages: https://mdcourts.gov/legalhelp/estate.
4. Practical steps to challenge or seek dismissal
- Act quickly and check deadlines. Probate actions may have short windows for filing objections or requesting hearings. Missing a deadline can limit your options.
- Obtain and review the petition and supporting papers. Get copies of the petition, affidavits, proposed orders, inventories, and any notice list. Confirm who was served and how.
- Confirm service and standing. If you were not properly served but have an interest in the estate, notify the court and the petitioner immediately in writing and request notice of any hearing.
- File a written objection or answer with the register of wills or Orphans’ Court. Maryland courts require filing formal papers to register your opposition. State the factual and legal reasons for opposing and request a hearing. Follow local Orphans’ Court rules for formatting and filing. See Orphans’ Court information: https://mdcourts.gov/orphanscourt.
- Ask for a hearing and receive evidence. Request the court set the matter for hearing so you can cross-examine witnesses, present documents, and introduce evidence that contradicts the petitioner’s claims.
- Seek temporary relief if assets are at risk. If estate assets face imminent loss (e.g., imminent sale, dissipation, theft), ask for emergency relief such as a temporary restraining order (TRO), temporary conservatorship, or an order requiring the petitioner to post a bond while the dispute is resolved.
- Move to dismiss where appropriate. If the petition fails to state a legal basis under Maryland law, or lacks supporting evidence, you can move to dismiss for failure to state a claim, lack of jurisdiction, or lack of standing.
- Request an inventory, accounting, and bond. If someone seeks control, ask the court to require an inventory and periodic accountings and to require that a fiduciary post bond to protect the estate against mismanagement.
- Consider filing a competing petition. If you or another interested person has a stronger claim to administer the estate, you can file your own petition to be appointed personal representative and ask the court to deny the other petition.
- Prepare documentary evidence. Collect wills, deeds, bank records, titles, communications, and any evidence showing who has authority or demonstrating the absence of emergency.
5. Evidence and proof to emphasize at hearing
- Proof of proper notice (or lack of it).
- Documents showing ownership and location of assets.
- Evidence that the petitioner lacks authority under the will or statute.
- Evidence of safe alternatives (e.g., secured storage, appointment of a neutral custodian) that make immediate transfer unnecessary.
- Evidence of conflicts, mismanagement, or criminal history if relevant.
6. Costs, sanctions, and alternative dispute resolution
Contested probate matters can become expensive. The court may award costs or, in limited cases, sanctions if a party files frivolous or bad-faith petitions. Mediation or negotiated consent orders often save time and money. Maryland courts provide guidance on settlement and alternative dispute resolution in probate contexts; check your county Orphans’ Court for local ADR programs.
7. When to get a lawyer
If the estate contains significant assets, if there are allegations of fraud, self-dealing, or if the petitioner seeks broad powers, consult an attorney experienced in Maryland probate and Orphans’ Court practice. An attorney can prepare pleadings, request emergency relief, conduct discovery, and represent you at hearing.
8. Useful Maryland government resources
- Maryland Orphans’ Courts (county-level probate courts): https://mdcourts.gov/orphanscourt
- Maryland Courts — Estate administration guidance and forms: https://mdcourts.gov/legalhelp/estate
- Maryland Code, Estates & Trusts (statutes that govern probate and fiduciaries): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et
Final note: The process and procedural deadlines can vary by county and by whether a will exists. Local Orphans’ Court rules control many filing requirements. If you are unsure how to proceed, consider contacting a Maryland probate attorney or your county register of wills for guidance.
Disclaimer: This content is for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Maryland attorney.
Helpful hints
- Read the petition carefully and note every missing attachment or factual gap.
- Confirm how and when you were served; preserve proof of receipt or lack of service.
- File a short written objection immediately if you have any interest in the estate; ask for a hearing.
- If assets are in danger, ask for emergency relief and request the petitioner post a bond.
- Demand an inventory and accounting early so you can track estate assets.
- Keep originals and copies of all estate-related documents in a secure place.
- Consider mediation to resolve disputes without prolonged court fights.
- Check the Orphans’ Court webpage for your county for local forms and procedures: start at https://mdcourts.gov/orphanscourt.
- If you cannot afford a lawyer, ask the court or local legal aid office about low-cost or pro bono probate assistance.