Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
1. Understand Intestate Administration
When someone dies intestate (without a will), Maryland law appoints an administrator to settle the estate under Estates & Trusts §§ 3-101 et seq.. The administrator collects assets, pays debts, and distributes property to heirs.
2. Identify Qualified Persons
Maryland Code, Estates & Trusts § 7-201 (§ 7-201) defines the order of priority:
- Spouse
- Adult children
- Parents
- Siblings
- More remote relatives
- Creditors (if no relatives)
3. File a Petition with the Orphans’ Court
You file a “Petition for Administration” in the Orphans’ Court where the decedent lived. Include:
- Certified death certificate
- List of heirs with contact information
- Statement of proposed administrator
- Waivers or consents from other heirs (if applicable)
- Bond application (per Estates & Trusts § 7-202)
4. Publish Notice and Attend Hearing
Maryland rules require notice to creditors and heirs. Publish notice in a local newspaper and mail it to known creditors. At the hearing, the court reviews your qualifications, bond, and any objections.
5. Obtain Letters of Administration
After approval, the court issues “Letters of Administration.” You must then:
- Inventory and value the estate assets
- Collect and manage property
- Pay valid debts and taxes
- Distribute remaining assets under intestate succession rules
Helpful Hints
- Compile a complete family tree to identify all potential heirs.
- Use local Orphans’ Court forms, often available on the county court’s website.
- Consider co-administrators if more than one heir qualifies.
- Set a reasonable bond amount—high enough to protect heirs but affordable to you.
- Monitor court deadlines for notices, inventories, and accountings.
- Seek an estate attorney’s help for complex estates or disagreements.