Quick summary

In Maryland, a next of kin can become the estate administrator (personal representative) if they are legally qualified, have priority under the appointment rules, and complete the probate filing in the county where the decedent lived. Qualification generally requires being an adult with legal capacity, not disqualified by law, and having a superior appointment claim (for example, a surviving spouse has priority over children). You must file required forms with the Register of Wills (or appropriate probate court), prove your relationship, and obtain Letters of Administration. See Maryland Courts probate resources and the Maryland Code for more on the process.

Detailed answer — who qualifies and how to get appointed

1. Basic eligibility rules

To qualify to serve as administrator in Maryland you generally must:

• Be an adult (age 18 or older).
• Have legal capacity — you must be mentally competent to carry out duties.
• Not be statutorily disqualified (for example, convicted felons may have limits, or a person under guardianship may be ineligible; a court may refuse appointment for misconduct or conflict).

Maryland courts and the Register of Wills enforce these basic requirements. For general probate filing information, see the Maryland Courts probate overview: https://www.mdcourts.gov/legalhelp/probate.

2. Priority for appointment (who goes first)

Priority depends on whether the decedent left a valid will:

• If the decedent left a will: the executor named in the will generally has the first right to be appointed. If the named executor cannot or will not serve, the court looks to other persons who qualify.
• If there is no will (intestate): Maryland follows a statutory order of preference among next of kin. That order commonly prioritizes the surviving spouse, then the decedent’s children, then parents, then siblings, and more remote relatives if none of the foregoing exist. The person with the highest priority who is willing and qualified usually receives appointment.

For official guidance on appointment and the probate process, contact the Register of Wills in the county where the decedent lived: https://www.mdcourts.gov/clerks/registerofwills.

3. How to prove you are the next of kin

You will usually need documentary proof of your relationship to the decedent when you file for appointment. Common documents include:

• Death certificate for the decedent.
• Birth certificates or adoption records showing parent-child relationships.
• Marriage certificate if claiming as a surviving spouse.
• Previous probate records, family records, or sworn affidavits where statutory documents are not available.

4. The practical step-by-step process

1. Determine whether a will exists. If so, locate and file it with the Register of Wills in the appropriate Maryland county.
2. Fill out and file the petition or application for probate/letters of administration with the Register of Wills or Orphans’ Court clerk in the county of the decedent’s residence.
3. Submit required documents (death certificate, relationship proofs, the will if any) and pay filing fees.
4. Provide notice to interested persons as required by court rules. The Register of Wills will explain notice requirements.
5. Attend any scheduled hearing or wait for clerical issuance of Letters of Administration if no objection arises.
6. Take oaths and, if required, post a bond or obtain a bond waiver if beneficiaries or the court approves.
7. Receive Letters of Administration (also called Letters of Administration with Will Annexed if there is a will but no named executor available). These letters authorize you to act on behalf of the estate.

5. Bonds, waivers, and conflict situations

The court may require an administrator to post a bond to protect estate creditors and beneficiaries. Sometimes beneficiaries can agree in writing to waive the bond requirement, which the Register of Wills or court may accept. If more than one person claims priority, the court resolves the dispute, typically giving appointment to the person with statutory priority unless the court finds a reason to deny appointment.

6. Small estates and simplified procedures

Maryland provides simplified procedures for small estates or for transferring certain types of property without full administration. The county Register of Wills can explain whether a small estate affidavit, court shortcut, or creditor notice process applies. Check Maryland Courts for small estate information: https://www.mdcourts.gov/legalhelp/probate.

7. Example (hypothetical)

Hypothetical: Jane (age 72) dies in Baltimore County leaving no will. Her spouse predeceased her. She has two adult children, Alex and Maria. Alex lives in Maryland and wants to serve. Alex is over 18, mentally competent, and has no disqualifying history. Alex files a petition at the Baltimore County Register of Wills, provides Jane’s death certificate and Alex’s birth certificate showing parentage, pays the filing fee, and gives notice to Maria. No one objects. Alex takes an oath, posts any required bond (or obtains a bond waiver if permitted), and receives Letters of Administration. Alex can now manage Jane’s estate under Maryland law.

8. Where the law is written down

Maryland’s probate procedures and qualifications are governed by Maryland statutes and court rules, and county Registers of Wills administer filings locally. For the statutory text of Maryland’s probate and estates law, see the Maryland Code — Estates and Trusts (Maryland General Assembly): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et. For practical filing steps and local contacts, see the Maryland Courts probate overview and Register of Wills pages:

• https://www.mdcourts.gov/legalhelp/probate
• https://www.mdcourts.gov/clerks/registerofwills

Disclaimer: This information is educational and general. It is not legal advice. Laws and procedures change. For advice about a specific situation, contact a licensed Maryland attorney or the Register of Wills in the county where the decedent lived.

Helpful Hints

• Start by finding the decedent’s will (if any) and the death certificate. These documents are essential.
• Contact the Register of Wills in the decedent’s county early — staff can provide local forms, fee amounts, and hearing schedules.
• Gather relationship documents before you file: birth certificates, marriage certificates, adoption papers, and any prior probate documents.
• Tell other interested persons (heirs and beneficiaries) about your intent to apply. Clear communication can prevent objections and delays.
• Ask whether a bond is required and whether beneficiaries will sign a bond waiver if appropriate.
• Consider whether the estate qualifies for a small-estate procedure — this can avoid full probate and speed transfers of some property.
• If multiple people claim equal priority, prepare to document why you should be appointed (availability, ability to serve, absence of conflicts, residence). The court favors the person best able to administer the estate responsibly.
• If you expect disputes or complex assets (real estate, business interests, or out-of-state property), consult a Maryland probate attorney to protect the estate and your personal liability as administrator.