How Can I Request an Extension for Filing a Final Accounting in Probate in MD?

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Detailed Answer

In Maryland, a personal representative must file a final accounting in the orphans’ court by the deadline set at appointment or within 18 months of appointment, under Maryland Rule 10-203. If you need more time, you must file a formal petition for extension of time with the same court that is overseeing the estate. Here’s how to proceed:

  1. Review the applicable rules
    Consult Maryland Rule 10-203 for deadlines on inventories and accounts, and Maryland Rule 1-204(c) on extensions of time. You can view the rules at: https://www.courts.state.md.us/rules.
  2. Prepare a Petition for Extension of Time
    Draft a petition that:
    • Identifies the estate and case number.
    • States the current deadline and the additional time requested (for example, 30 or 60 more days).
    • Explains the reasons for delay (pending asset valuation, complex tax matters, unforeseen delays in gathering documents).
    • Proposes a new deadline.
  3. Serve the petition on all interested persons
    Under Maryland Rule 1-321(a), you must serve every person entitled to notice of account proceedings (beneficiaries, heirs, and secured creditors). Service may be by first-class mail or as otherwise ordered by the court.
  4. File the petition and proposed order
    File the original petition and a proposed order granting the extension with the register of wills or clerk of the orphans’ court. The proposed order should specify the new deadline.
  5. Attend the hearing (if scheduled)
    The court may schedule a hearing on your petition. Be prepared to explain why you need more time and demonstrate that no interested party will be prejudiced.
  6. Obtain the court’s order
    If the court finds good cause, it will sign the order extending the deadline. Once entered, you must file your final accounting by the new date.

Key statutory and rule references:

Helpful Hints

  • Check local orphans’ court procedures: Some counties have specific forms or filing fees.
  • File early: Request the extension at least two weeks before the deadline to avoid last-minute rush.
  • Keep beneficiaries informed: Early notice can prevent objections.
  • Document reasons thoroughly: Courts grant extensions more readily for detailed, valid explanations.
  • Consider professional help: Complex estates may benefit from guidance by a probate paralegal or attorney.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.