Detailed Answer
Letters of administration allow a court to appoint a personal representative to manage an estate when someone dies without a valid will. In Maryland, you file your petition in the Circuit Court for the county where the decedent lived. The process follows Maryland Code, Estates & Trusts Article §§7-102, 7-103 (§7-102, §7-103).
1. Confirm Eligibility
Maryland law gives preference to the surviving spouse or next of kin. If no will names an executor, the following may petition:
- Surviving spouse
- Adult children
- Other heirs (parents, siblings, etc.)
2. Prepare Your Petition
Include in your petition:
- Decedent’s full name, last address and date of death
- Names and addresses of heirs or next of kin
- Estimated value of assets and description of real property
- Statement there is no known valid will
- Request for letters of administration
3. Gather Supporting Documents
- Certified copy of the death certificate
- Affidavits of heirship or a family tree (if applicable)
- Spousal and kinship consents (if required)
- Bond, unless the court waives it under §7-403 (§7-403)
4. File with the Circuit Court
Submit your petition and all supporting papers to the clerk. Pay the filing fee. The clerk will assign a case number and schedule a hearing.
5. Attend the Hearing
You and any objecting parties must appear. The court reviews your petition, hears testimony, and may admit additional evidence. If satisfied, the judge signs an order granting letters of administration.
6. Obtain Letters and Proceed
After the court signs the order, the clerk issues letters of administration. You use these letters to collect assets, pay debts, file tax returns, and distribute property under Maryland law.
Required AOC Forms
- AOC-ORP-001 Petition to Probate Will and for Appointment of Personal Representative (intestate section) – https://www.mdcourts.gov/probate/forms/orp001.html
- AOC-ORP-002 Notice of Petition to Probate Will or for Appointment – https://www.mdcourts.gov/probate/forms/orp002.html
- AOC-ORP-003 Order and Letters of Appointment – https://www.mdcourts.gov/probate/forms/orp003.html
- AOC-ORP-004 Oath of Personal Representative – https://www.mdcourts.gov/probate/forms/orp004.html
- AOC-ORP-012 Letters of Administration – https://www.mdcourts.gov/probate/forms/orp012.html
Helpful Hints
- Confirm local filing fees with the circuit court clerk’s office.
- Review Maryland Rule 6-201 for probate procedure guidance.
- Obtain certified death certificates early to avoid delays.
- Ask heirs to sign consents in advance to streamline your hearing.
- Consult a probate checklist from the Maryland Courts website.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.