How to Ask the Court to Reconsider Letters of Administration and Remove an Administrator (Maryland)

Quick answer: If you are the sole heir and believe the appointed administrator should be removed, you generally must (1) file a petition with the court that issued the letters (usually the Register of Wills or the Orphans’ Court in the county where the decedent lived), (2) show legal grounds for removal (for example, misconduct, breach of fiduciary duty, failure to account, conflict of interest, incapacity, or lack of qualification), and (3) request that the court revoke the letters and appoint you as administrator. The court will require notice to interested parties and an evidentiary hearing. This article explains the typical steps, what courts consider, and how to prepare.

Detailed Answer

Which court handles removal and reappointment?

In Maryland, probate matters — including issuance, revocation, and supervision of letters of administration — are handled through the local Register of Wills and the county Orphans’ Court or the appropriate Circuit Court procedures. Start with the Register of Wills in the county where the decedent lived. For general probate information, see the Maryland Courts probate page: https://www.marylandcourts.gov/legalhelp/estate. You can also find practical information at the Maryland Register of Wills site: https://registers.maryland.gov/.

Who has standing to ask for removal?

“Interested persons” generally have standing. That typically includes heirs, beneficiaries, creditors, and sometimes other relatives. If you are the sole heir (by intestacy or under the will), you are an interested person and may petition the court to remove an administrator who is improperly serving.

Common legal grounds for removal

• Failure to perform duties: failing to inventory estate property, not filing required accounts, or ignoring creditor claims.
• Breach of fiduciary duty: self-dealing, misappropriating estate assets, or taking distributions without court approval.
• Incapacity or misconduct: mental incapacity, substance abuse, or criminal conduct that prevents proper administration.
• Conflict of interest or lack of qualification: the administrator is not eligible or bonded as required.
• Neglect or willful refusal to act: refuses to cooperate with heirs or the court or otherwise abandons duties.

Typical procedural steps

1. Gather documentation. Collect the death certificate, letters of administration, any inventories or accountings the administrator has filed (if any), correspondence, bank statements, and other documents that support your claims.
2. Talk to the Register of Wills. Ask how to file a petition for removal or for revocation of letters in that county. Offices provide local forms and procedural guidance.
3. File a petition or caveat. You will file a written petition with the Register of Wills or the Orphans’ Court asking the court to revoke the administrator’s letters and to remove them. If you have not yet been appointed and want to prevent issuance to someone else, you may file a caveat or an objection to letters being issued. The clerk can tell you the local form and fee.
4. Request interim relief if necessary. If you believe assets are at immediate risk (e.g., administrator is dissipating funds), ask the court for temporary orders to freeze accounts, require bond, or compel an inventory and accounting. In extreme cases, request an emergency hearing.
5. Serve notice. Maryland law requires notice to interested persons and to the administrator. The court will provide specific notice requirements and timelines. Expect the administrator and other heirs to receive copies and a date for a hearing.
6. Attend the hearing and present evidence. At the hearing, present documentary evidence and witnesses showing why removal is warranted. Be prepared to explain why you should be appointed (your status as sole heir, willingness to serve, ability to post bond, etc.).
7. If removal is ordered, petition for appointment. If the court revokes the administrator’s letters, you can petition to be appointed as administrator. The court will consider priority rules (heirs often have priority), your fitness to serve, and bond requirements. If you are an heir and available, the court commonly appoints you, but it retains discretion.

What evidence helps persuade the court?

Strong, specific evidence matters. Useful items include:

• Copies of bank statements that show unauthorized withdrawals or transfers.
• Emails, letters, or text messages documenting neglect or refusal to perform duties.
• Proof that the administrator failed to file inventories, notices to creditors, or accountings.
• Affidavits from professionals (e.g., CPAs, appraisers) showing mishandling of estate assets.
• Police reports or criminal charges if theft or fraud is alleged.

Possible outcomes

• The court may deny removal if it finds no sufficient cause.
• The court may suspend the administrator and require an accounting or bond.
• The court may revoke letters and appoint a successor administrator; if you are the sole heir and otherwise qualified, the court may appoint you.
• The court may order monetary relief if the administrator misappropriated funds (surcharge) and may require restitution and costs.

Timing and costs

Timeframes vary by county and by how contested the matter is. Preparing a petition and pursuing a hearing can take weeks to months. Emergency requests (e.g., to freeze assets) can be faster but require strong immediate evidence. Courts charge filing fees and may require you to post bond as an administrator. You may also incur attorney fees and costs for forensic accounting.

Practical tips

• Document everything carefully. Courts weigh clear documentary evidence heavily.
• Ask the Register of Wills for local forms and procedural checklists early.
• Consider alternatives before litigation: request a formal accounting, mediation, or a settlement among heirs.
• If you anticipate being appointed, be ready to post a bond and to file an inventory promptly.
• If you suspect criminal conduct (theft, fraud), contact law enforcement as well as the probate court.

Where to get official forms and local rules

Start with the county Register of Wills. For statewide general information on probate and estates, use Maryland Courts’ probate pages: https://www.marylandcourts.gov/legalhelp/estate. To find your local Register of Wills office and contact information: https://registers.maryland.gov/.

Helpful Hints

• Request copies of any inventories, accountings, and bank records early — you have a right to this information as an interested person.
• File a simple petition first asking the court to compel an inventory/accounting if removal seems premature; often courts will order an accounting before deciding removal.
• Keep communications professional and documented; hostile or emotional messages can hurt your credibility at a hearing.
• If assets are missing or being squandered, request temporary injunctive relief immediately — this may stop further loss while the court evaluates removal.
• Be mindful of deadlines to file objections or caveats; local court clerks can tell you required timelines.
• Consider limited relief: ask the court to appoint a co-administrator or successor rather than immediate personal removal if facts are close.

Next steps

1) Contact your county Register of Wills to learn local filing requirements and get forms. 2) Gather proof of the administrator’s improper conduct or failure to act. 3) Consider a consultation with a Maryland probate attorney to review your petition and hearing preparation — an attorney can help with evidence, pleadings, and courtroom strategy.

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Maryland attorney or contact the Register of Wills in the county where the decedent lived.