Detailed Answer
In Maryland, when a decedent dies intestate (without a valid will), the Orphans’ Court appoints a personal representative—called an “administrator”—to settle the estate. Maryland law sets a statutory order of priority for appointing administrators. You can only serve as administrator if no one of higher preference is willing, able, or qualified to serve. Md. Code, Est. & Trusts § 5-302 outlines the ranking:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- Other next of kin
To obtain appointment over a higher-priority heir, you must show one of the following circumstances applies:
- Incapacity or minority: The heir is a minor or legally incapacitated.
- Incarceration or absence: The heir is in prison, resides abroad, or cannot be located.
- Disqualification: The heir has a legal disability (e.g., loss of civil rights) or fails to qualify within 30 days of notice.
- Waiver or refusal: The heir renounces or declines the appointment in a filed written statement.
- Conflict of interest: The heir has a direct financial conflict that prevents impartial administration.
How to File Your Petition
Follow these steps to petition the Orphans’ Court for appointment:
- Prepare a Petition for Grant of Administration. Include your relationship to the decedent, the reason the higher-priority heir cannot serve, and any supporting documentation.
- Pay Required Fees and Bond. Maryland law often requires a bond equal to the estate’s value. The court may waive or adjust this if you qualify for a waiver.
- Provide Notice. Serve notice on all heirs and interested parties as required by Maryland Rule 6-315.
- Attend the Hearing. Be ready to present evidence—affidavits, sworn statements, or documents—showing the higher-priority heir is disqualified or unwilling.
- Obtain Letters of Administration. If the court finds good cause, it will issue letters appointing you as administrator.
Disclaimer: This article is educational and does not constitute legal advice. Consult a licensed Maryland attorney to discuss your specific situation.
Helpful Hints
- Begin the process promptly; deadlines apply for qualifying heirs to accept appointment.
- Gather evidence of disqualification early: e.g., medical records for incapacity.
- Use certified copies of death certificates and renunciations to streamline filings.
- Consider a bond waiver if estate assets are low; file an “Application for Waiver of Bond”.
- Keep detailed records of notice and service to avoid procedural challenges.
- Seek assistance from the clerk’s office on local filing requirements in your county.