Can I be appointed administrator of my sibling’s Maryland estate if they died without a will?

Short answer: In Maryland, a person who wants to administer a sibling’s estate when the sibling died intestate (without a will) usually petitions the Register of Wills in the county where the decedent lived. The court gives appointment priority to certain relatives (spouse and children first, then parents, then siblings). If you are next in line and the court finds you suitable, you can be appointed as the personal representative (administrator). This article explains the steps, eligibility rules, typical paperwork, and what to expect.

Detailed answer — how appointment works under Maryland law

Maryland handles estate administration through the county Register of Wills and the Orphans’ Court (or appropriate probate procedures). If a person dies without a will, the court appoints a personal representative to collect assets, pay debts, and distribute the estate according to Maryland intestacy rules.

1. Who has priority to be appointed?

The Register of Wills follows a priority for appointment. Usually the order is:

• the surviving spouse;
• children of the decedent;
• parents;
• brothers and sisters (siblings);
• other more remote relatives or an interested creditor or other eligible person if no family is available.

If a person with higher priority petitions and is willing and qualified, that person will normally be appointed instead of a lower‑priority petitioner. If the higher‑priority person declines (or cannot serve), the next eligible person may be appointed.

For general information on probate administration and appointment, see the Register of Wills pages of the Maryland Judiciary: https://www.mdcourts.gov/registerwill. The Maryland Code contains the statutes governing Estates and Trusts; the full text is available from the Maryland General Assembly: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est.

2. Basic eligibility requirements

To qualify you generally must:

• be an adult (18 or older);
• be mentally competent;
• be willing to serve and able to perform fiduciary duties (collect assets, pay bills, and account to the court and heirs);
• not be legally disqualified under applicable law (for example, convicted felons may be challenged in some circumstances);
• be of priority to be appointed or be appointed because higher‑priority persons are unavailable or unwilling.

The Register of Wills will evaluate petitioners and may refuse appointment if the petitioner is unsuitable. See the Maryland Judiciary’s Register of Wills for procedural details: https://www.mdcourts.gov/registerwill.

3. Where you file the petition

You file in the county where the decedent was domiciled (their primary residence) at death. Each county’s Register of Wills handles initial filings, issues Letters of Administration (or Letters Testamentary if there was a will), and administers the probate process at the local level.

4. Typical documents and steps to become administrator

1. Obtain certified copy of the death certificate.
2. Prepare and file a Petition for Administration (forms vary by county; Registers of Wills provide forms and instructions).
3. Provide names and addresses of heirs and interested persons (the court uses these to give notice).
4. If others entitled to appointment disclaim or do not petition, you may file and request appointment.
5. The Register of Wills issues Letters of Administration once the court approves and any required bond is posted or waived.

County Register of Wills offices maintain guides and sample forms. Start with the Maryland Judiciary Register of Wills information: https://www.mdcourts.gov/registerwill.

5. Bond and surety

The court often requires a surety bond for administrators to protect the estate’s creditors and heirs. In some cases, the court may waive the bond (for example, if the heirs consent or the law permits waiver). The Register of Wills will tell you whether a bond is required and the amount. If required, you must purchase a bond from a surety company before receiving Letters of Administration.

6. Duties after appointment

As administrator you will have fiduciary duties, including:

• marshaling and securing assets;
• notifying creditors and paying valid debts and taxes;
• filing an inventory and accountings if the court requires them;
• distributing assets to heirs according to Maryland intestate succession rules;
• closing the estate with the Register of Wills once duties are complete.

Failure to perform these duties can expose you to personal liability.

7. What if there are multiple siblings who want to serve?

If several siblings want appointment, they can file a joint petition to serve together as co-administrators. If they cannot agree, the Register of Wills or the court will choose an appropriate person based on priority, suitability, and the best interest of the estate.

8. Small‑estate procedures

Maryland provides simplified procedures for smaller estates in some situations. Where a small‑estate process applies, formal probate and administration may be unnecessary or easier. Check with the Register of Wills in the appropriate county or consult the Maryland Judiciary’s small estate resources: https://www.mdcourts.gov/legalhelp/estate.

9. If someone objects to your appointment

Interested parties (heirs, creditors) can object to your appointment for cause (for example, unsuitability or conflict of interest). The Register of Wills or the Orphans’ Court will hold a hearing and decide whether to appoint you or another person. If an objection arises, consider seeking legal advice.

Helpful hints

• Contact the county Register of Wills early. Each county has slightly different forms and local procedures.
• Gather key documents before you file: death certificate, lists of assets and creditors, and contact info for next of kin.
• Ask whether the estate qualifies for a small‑estate procedure; that can save time and cost.
• Be prepared to post a bond unless it is expressly waived in writing by the heirs or by law.
• If multiple siblings are involved, consider filing together as co-administrators to avoid contested proceedings.
• Keep careful records and receipts for every transaction. You will need to account to the court and the heirs.
• If you expect complicated issues (real estate, business interests, tax issues, or contested claims), consult an attorney experienced in Maryland probate and estate administration.
• Use the Maryland Judiciary Register of Wills web pages for accurate local filing information: https://www.mdcourts.gov/registerwill.

Next steps

1) Call or visit the Register of Wills in the county where your sibling lived and ask for the “petition for administration” packet. 2) Collect the death certificate and any documents that show assets. 3) Talk with the other heirs to see whether anyone with a higher priority wants to serve. 4) If appropriate, file your petition to be appointed and follow the Register’s instructions about notice and bond.

Disclaimer: This article explains general principles of Maryland probate and administration and is not legal advice. It does not replace consulting a licensed Maryland attorney about the facts of your case. For official procedures and local forms, contact the county Register of Wills or a qualified probate attorney.