Step-by-step FAQ: Getting Appointed as Administrator of an Intestate Estate in Maryland

Short answer: If your sister died without a will in Maryland, you can ask the Register of Wills in the county where she lived to appoint a personal representative (often called an administrator) to open probate and settle the estate. The court follows a priority list of eligible persons, requires certain forms and notices, and may require a bond. This article explains the process, what you must bring, common hurdles, and where to find Maryland law and forms.

Detailed Answer

1) Confirm there is no valid will. Search the decedent’s personal papers, contact her attorney (if known), and ask close family. If no will is produced, proceed under Maryland’s intestacy procedures.

2) Identify the correct county and Register of Wills. You must file in the county where your sister lived at the time of death. Each county’s Register of Wills office handles probate filings and can give local forms and fee information. See the Maryland Register of Wills overview: https://www.mdcourts.gov/courts/circuit/registers.

3) Check who has priority to be appointed. Maryland law gives priority for appointment to certain persons (surviving spouse, children, parents, siblings, other heirs). The court normally appoints the highest-priority person who petitions and is suitable. If you are a sibling, you are in the class of heirs who can be appointed if closer-priority persons (spouse, children, parents) are not available or do not petition. For a full statement of statutes governing intestacy and appointments, see the Maryland Code, Estates and Trusts: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gest.

4) File a petition for administration with the Register of Wills. Typical documents include: a certified copy of the death certificate, a Petition for Administration (sometimes called a Petition for Letters of Administration), an oath/waiver form, and a proposed bond (if required). The Register of Wills will provide local filing requirements and fee amounts. Many counties post sample forms and instructions online: https://www.mdcourts.gov/courts/circuit/registers/forms.

5) Notice and objections. After you file, the Register will require notice to interested persons (heirs and beneficiaries). Interested persons have an opportunity to object or to file a competing petition. If someone objects or a higher-priority person files for appointment, the Register or court will resolve the dispute by applying statutory priority rules and assessing fitness to serve.

6) Bond and qualifications. The court may require the administrator to post a fiduciary bond to protect estate creditors and beneficiaries. In many cases, beneficiaries may waive the bond requirement in writing. The Register will tell you the bond amount and how to obtain it from a surety company.

7) Issuance of Letters of Administration and duties once appointed. If the petition is granted, the Register issues Letters of Administration (sometimes called Letters of Administration or Letters of Personal Representative). As administrator you will have legal authority to collect assets, pay debts and taxes, inventory estate property, and distribute assets to heirs according to Maryland’s intestate succession rules. Keep full records, file inventories and accountings when required, and follow court deadlines. Maryland’s probate process and fiduciary duties are governed by the Estates and Trusts statutes and local Register of Wills rules: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gest.

8) Small estate procedures. If the estate’s assets fall under Maryland’s small-estate threshold or meet specific criteria, you may use an abbreviated or simplified procedure that avoids full probate. Check your county’s Register of Wills for small estate forms and limits: https://www.mdcourts.gov/courts/circuit/registers.

9) What if someone else petitions or objects? If another heir files a competing petition, the Register (or the circuit court if the matter is contested) will apply the statutory priority rules and weigh any objections (for example, allegations that a proposed administrator is unfit). If you face competition, consider discussing your situation with an attorney experienced in Maryland probate.

10) When to contact an attorney. Hire a lawyer if the estate is large or complex, if there are substantial debts or tax issues, if there is a will contest or disputed heirship, or if you anticipate litigation. An attorney can prepare and file pleadings, represent you at hearings, and advise about fiduciary duties and distributions.

Documents and information to gather before you go to the Register of Wills

• Certified copy of your sister’s death certificate.
• Your sister’s full legal name, date of birth, and last residence.
• Approximate list of assets: bank accounts, real estate, retirement accounts, insurance, vehicles, and safe-deposit boxes.
• List of known creditors and bills.
• Names and contact information for next of kin and potential heirs (spouse, children, parents, siblings).
• Any documents that could be a will (sealed envelopes labeled “Will,” attorney contact information, or papers indicating estate planning).

Helpful Hints

• Call the county Register of Wills before you visit. They can confirm forms, fees, office hours, and local rules.
• If you are unsure whether a will exists, ask the Register to check whether a will has already been filed in that county.
• If your sister owned real estate, you may also need to record the appointment with the county land records office before transferring title.
• Keep careful records and bank statements for every estate transaction. Beneficiaries have a right to accounting of the estate’s administration.
• If the estate is small, review small-estate procedures to save time and cost. Your county Register’s office will explain whether the estate qualifies.
• If creditors appear, follow statutory notice and claims procedures. Maryland has specific rules for creditor claims and timelines; check the Estates & Trusts code and ask the Register of Wills for guidance.
• If you live out-of-state, check with the Register about whether you need to appoint a local resident agent or meet additional requirements.
• When in doubt, request an informational meeting at the Register’s office or consult a probate attorney for one-time advice about the filing and your duties.

Official Maryland resources:

• Register of Wills (county offices, forms, instructions): https://www.mdcourts.gov/courts/circuit/registers
• Probate forms and instructions (county pages): https://www.mdcourts.gov/courts/circuit/registers/forms
• Maryland Code — Estates and Trusts Article (statutes governing intestacy, appointment, fiduciary duties): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gest

Final practical tips: Start by contacting the Register of Wills in your sister’s county. Bring the death certificate and a list of assets and family members. If you expect disputes, creditors, tax concerns, or complicated assets (business interests, out-of-state property, retirement accounts with beneficiaries), speak with a probate attorney early.

Disclaimer: This article explains Maryland probate procedures in general terms and is not legal advice. Laws and local rules change. For help specific to your situation, contact the county Register of Wills or a licensed Maryland attorney.