Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Maryland, the Orphans’ Court appoints a personal representative (also known as an executor or administrator) to manage and distribute a decedent’s estate. The court follows a statutory priority list when no valid will names a personal representative. Under Md. Code, Estates & Trusts § 7-201 (link), the order of preference is:
- Surviving spouse
- Child or children
- Parent or parents
- Sibling or siblings
- Other next of kin as defined by statute
A mother-in-law is not included in this default preference list. Therefore, if the decedent died without a will (intestate), you cannot open the estate or serve as personal representative unless all higher-priority individuals:
- Either consent to your appointment in writing
- Are deceased or disqualified and no other nominees remain
If the decedent left a valid will that expressly names you as personal representative, the Orphans’ Court generally honors that nomination, even if you are a mother-in-law. To review wills and estate forms, visit the Maryland Courts website: Maryland Courts Probate Information.
Helpful Hints
- Review the decedent’s will carefully for any nomination of a personal representative.
- Confirm there are no surviving spouses, children, or parents with higher priority who wish to serve.
- Obtain written waivers from higher-priority heirs if they agree you should serve.
- File a petition in the appropriate county Orphans’ Court and attach death certificate and waivers.
- Consult the Probate Clerk’s office for local filing fees and required forms.
- Keep detailed records of estate assets, debts, and distributions once appointed.