Short Answer

Yes — in Maryland you can often become the personal representative (sometimes called an executor or administrator) of your sister’s estate, but appointment depends on whether she left a valid will, who she named in the will, and Maryland’s statutory priority rules. The county Register of Wills (or Orphans’ Court, depending on local practice) must grant letters authorizing you to act. This article explains the typical rules, the steps to apply, common disqualifying issues, and practical tips for moving forward.

Detailed Answer — How Appointment Works in Maryland

Who can serve as the personal representative depends on whether your sister left a will:

• If there is a valid will: the will usually names an executor (personal representative). Courts normally appoint the person named in the will unless the nominee is unavailable, unwilling, or legally unfit. If the named person is you and you are willing and able, the Register of Wills generally will issue letters to let you act.
• If there is no will (intestate): Maryland law establishes a priority order for appointing an administrator. Close family members — typically a surviving spouse, adult children, parents, or siblings — generally have priority to serve. If you are your sister’s next available heir or if no higher-priority person seeks appointment, you may be appointed.

The Maryland Code governs probate and the appointment of personal representatives. For the full statutory framework, see the Maryland Code, Estates and Trusts article: Maryland Code — Estates and Trusts. For county-level forms and the local Register of Wills, see the Maryland Judiciary Register of Wills pages: Register of Wills (Maryland Courts).

Eligibility and Disqualification Factors

Typical eligibility rules you should know:

• Age and capacity: You normally must be an adult with legal capacity to serve.
• Willingness and availability: You must be willing to serve and able to carry out duties.
• Conflicts of interest: Courts may refuse appointment if there is a significant conflict of interest or misconduct.
• Criminal history or creditor status: Some felony convictions or serious misconduct, or being an adverse party with a direct conflict (for example, having committed fraud against the decedent), can bar appointment. Local rules vary.

If you are named in the will, the court generally gives considerable weight to the decedent’s choice, subject to those disqualifying factors.

Practical Steps to Seek Appointment

1. Locate the will and multiple death certificates. The will is usually filed with the Register of Wills in the county where your sister lived.
2. Contact the county Register of Wills. They will explain required forms, fee schedules, and whether you should file for probate (appointment under a will) or administration (no will).
3. File the application/petition. You’ll submit the original will (if there is one), a certified copy of the death certificate, an application for letters, and an estate information form. If there is no will, interested heirs may file a petition to be appointed administrator.
4. Bond and waivers. The court may require a surety bond for the personal representative unless the will waives bond or the court otherwise dispenses with it. Heirs can sometimes execute waivers of bond to avoid the requirement.
5. Receive letters of appointment. Once the Register of Wills or court approves, you receive letters (letters testamentary or letters of administration) giving you legal authority to collect assets, pay debts, and administer the estate.

What the Personal Representative Does

Key duties you should expect:

• Inventory and secure assets.
• Notify heirs and creditors, publish required notices.
• Pay valid debts and final expenses out of estate assets.
• File required tax returns (federal and Maryland estate tax where applicable) and pay taxes.
• Account to beneficiaries and distribute remaining assets according to the will or Maryland intestacy law.

Maryland has its own estate tax rules and filing thresholds. For information on state tax obligations, see the Maryland tax authority pages: Maryland Estate Tax — Maryland Taxes.

When You Might Not Be Appointed

The court may refuse to appoint you if:

• You are unavailable or refuse to serve.
• You have a disqualifying criminal history or a conflict that would improperly influence administration.
• A higher-priority heir or the person named in the will objects and the court finds good cause to appoint someone else.

If multiple people of the same priority want to serve (for example, two siblings), the Register of Wills or court will decide based on suitability and local practice.

How Long It Takes and Typical Costs

Timing varies by county and estate complexity. Simple probate or administration may take a few weeks to obtain letters; full administration of an estate typically takes months to a year (or longer) depending on issues such as taxes, contested claims, or complex assets. Expect filing fees, possible bond costs, and administrative expenses. You may also have the right to reasonable compensation for administering the estate under Maryland law.

When to Get Legal Help

If the estate is large, if there are disputes among heirs, unclear or missing wills, creditor litigation, significant tax issues, or unfamiliar assets (business interests, out-of-state property), consult an attorney experienced in Maryland probate. An attorney can help you with filings, notices, tax returns, and protecting you from personal liability while carrying out fiduciary duties.

Disclaimer

This information is educational and does not constitute legal advice. It summarizes general Maryland probate practices and the typical process for becoming a personal representative. Laws and procedures change, and county practices vary. Consult the Register of Wills for your county or a qualified Maryland probate attorney before taking action.

Helpful Hints

• Find the original will quickly — the Register of Wills in the decedent’s county often holds it.
• Get multiple certified death certificates immediately — most institutions require them.
• Call your county Register of Wills early to get the correct petition forms and fee schedule: https://www.mdcourts.gov/registerofwills.
• Ask whether the will waives bond; a waiver can speed appointment and reduce cost.
• Prepare a simple inventory and list of known creditors and heirs before filing.
• Keep thorough, dated records and separate estate bank accounts to avoid personal liability.
• Consider mediation if family members dispute the appointment or the will’s terms.
• If the estate may owe Maryland estate tax, check thresholds and deadlines at: Maryland Estate Tax and consult a tax professional.