Detailed answer
Short answer: If a personal representative (executor/administrator) filed a final accounting in your parent’s probate matter in Maryland without giving you notice and you are an interested person (heir, beneficiary, creditor), you can usually ask the Orphans’ Court to set aside or challenge that accounting. You should act quickly: investigate the file at the court, obtain the accounting and related documents, and file exceptions or a petition to reopen or set aside the accounting. The Orphans’ Court handles these matters in Maryland and will decide whether lack of notice or other problems justify relief.
How this works in Maryland (basic framework)
The Orphans’ Court in the county where your parent’s estate was probated supervises probate administration, accounts, and disputes between personal representatives and interested persons. If you did not get notice, you may have been deprived of the opportunity to file exceptions (objections) to the accounting or to ask for an audit or a hearing. Maryland law and the Orphans’ Court procedures protect interested persons’ rights to notice and to challenge fiduciary conduct.
Step-by-step checklist: What to do now
- Confirm the probate case and get the docket file. Contact the Orphans’ Court (or Register of Wills/Clerk) in the county where your parent lived to obtain the case number, the will (if any), letters of administration or testamentary, the filed accounting, and the court docket. The Maryland Courts Orphans’ Court page is a starting place: https://www.mdcourts.gov/orphanscourt.
- Check whether you were an “interested person.” Typical interested persons are heirs under the will or by intestacy, named beneficiaries, and creditors. If you qualify, the court generally must notify you about accounting filings and hearings. If you were an interested person and did not receive notice, that supports relief from the court.
- Obtain the final accounting and supporting documents. Ask the clerk for the accounting, inventory, bank statements, receipts, distribution schedule, and any prior intermediate accountings. Review who received distributions and when those distributions occurred.
- File exceptions or a petition with the Orphans’ Court. In Maryland practice, you can file exceptions (objections) to an accounting or petition the court to set aside the final account, reopen the administration, or for an accounting and surcharge. The court will schedule a hearing where you can present evidence. The Maryland Rules and local Orphans’ Court procedures govern filing format and service; find general rules at: https://mdcourts.gov/legalresources/rules.
- Ask the court for emergency relief if assets are being distributed. If distributions are about to be made or already made to the personal representative or other beneficiaries, ask the court for temporary relief (an injunction or order freezing distributions) while the dispute is decided. This request should be filed immediately.
- Gather evidence that you did not receive notice and that accounting problems exist. Keep records of your contact information (address, phone, email) at the time of probate, any communications showing you were not informed, bank records, copies of checks or receipts, and anything suggesting mismanagement or impropriety (missing receipts, unexplained transactions, or self-dealing).
- Consider settlement or mediation where appropriate. Many accounting disputes settle once the new information is shared. The court can also order mediation or an audit if requested.
- Get legal help if possible. Probate/accounting litigation involves strict procedures and deadlines. A Maryland probate attorney will help assess whether you have a timely objection, prepare filings, subpoena records, and represent you at hearings.
Common legal grounds to challenge a final accounting
- Failure to give required notice to interested persons (denial of due process).
- Fiduciary breaches by the personal representative — self-dealing, unauthorized distributions, or failure to preserve estate assets.
- Incorrect math, missing receipts, or unexplained withdrawals.
- Fraud, forgery, or will irregularities that affect distributions.
- New evidence discovered after the accounting was filed that would affect distributions.
Possible remedies the Orphans’ Court can grant
The court can:
- Set aside or strike the final accounting and order a new accounting.
- Order an audit or require the personal representative to produce missing documentation.
- Surcharge the personal representative (financially hold them responsible) for losses from mismanagement.
- Remove the personal representative if misconduct or incapacity is proven.
- Order restitution or reallocation of improperly distributed assets.
Timing and urgency
Courts expect prompt action. Even if you learn of the accounting late, lack of notice can justify reopening the matter, but you should contact the court or an attorney immediately. The Orphans’ Court handles time-sensitive petitions, and waiting may reduce the relief available.
Where to find county-level help and forms
Each Maryland county’s Orphans’ Court or Register of Wills posts local forms and filing instructions. Start at the statewide Orphans’ Court page above and ask the clerk for the local procedures, service rules, and any required forms. For general rules governing court procedure, see Maryland Rules: https://mdcourts.gov/legalresources/rules.
When to hire an attorney
If the accounting reveals large distributions, missing estate assets, apparent fiduciary misconduct, or if the other side resists producing records, you should consult an attorney experienced with Maryland probate and Orphans’ Court practice right away. An attorney will make sure filings meet local Orphans’ Court rules and will preserve your rights during hearings and potential appeals.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws and procedures change. For advice specific to your situation, consult a licensed Maryland attorney promptly.
Helpful Hints
- Act quickly. Lack of notice can be cured by the court, but you must move promptly.
- Ask the Orphans’ Court clerk for copies of the full probate file — do not rely on summaries.
- Document your contact information and any communications showing you were not notified.
- Request an emergency order to stop distributions if money or property is at risk of disappearing.
- Focus your challenge: identify specific transactions or omissions rather than making vague allegations.
- Be prepared to propose a remedy (e.g., new accounting, surcharge, or removal of the personal representative).
- Consider mediation to resolve disputes faster and with lower cost than a contested court fight.
- If you cannot afford a lawyer, ask the court about limited-scope representation, legal aid, or self-help resources at the county court.