Detailed Answer: How to formally challenge a sibling’s application for letters of administration in Maryland

Short answer: In Maryland you can challenge a sibling’s application by (1) confirming the probate filing with the county Register of Wills, (2) establishing your legal interest (standing), (3) filing a written objection or petition with the Register of Wills or the Orphans’ Court asking the court to deny or revoke issuance of letters, and (4) serving the applicant and other interested parties and asking the court for a hearing. If letters already issued, you can ask the Orphans’ Court to remove or suspend the personal representative for cause. Below are practical, step‑by‑step actions, evidence you should gather, and the legal grounds that commonly support a challenge.

1. Understand who has standing

To challenge an application you must be an “interested person” under Maryland law. Typical interested persons include: heirs at law (spouse, children, parents, siblings), named beneficiaries under a will, or creditors with a valid claim. If you are one of those, you generally have standing to object to who is appointed as estate administrator or to request removal after appointment.

2. Confirm where the application was filed

Probate administration in Maryland is handled locally through the county Register of Wills and the county Orphans’ Court. Find the case file and docket number at the Register of Wills where the decedent’s estate is being opened. The Register of Wills can tell you whether letters have been issued and will provide public court documents in the file. (Maryland Courts, Register of Wills and probate information: https://www.mdcourts.gov/probate.)

3. Typical legal grounds to challenge the application

• Priority: Someone else (a spouse or child) has a higher statutory priority to serve as personal representative under the laws of intestacy.
• Lack of qualification: the applicant is not legally qualified (e.g., not an adult, non‑resident concerns where applicable, or legally incapacitated).
• Conflict of interest or breach of fiduciary duty: the applicant has a conflict that would prevent proper administration or has a history of misconduct.
• Fraud, misrepresentation, or failure to disclose material facts on the application.
• Unsuitable to serve due to criminal conduct, diversion of estate property, or serious financial mismanagement.

4. Evidence to collect before filing an objection

Good evidence increases the chance a court will block or remove an appointee. Collect:

• Death certificate and any will or testamentary documents (even if you think there is no will).
• Proof of your relationship and priority (birth certificates, marriage certificate, family records).
• Copies of the sibling’s application for letters and any court filings.
• Emails, texts, letters, bank statements, cancelled checks, or witness statements that show fraud, misrepresentation, concealment, or misconduct.
• Criminal records if relevant to the fitness to serve.

5. How to file the formal challenge (step by step)

1. Contact the Register of Wills office in the county where the estate was opened. Ask how objections or contests are styled and filed in that county and whether a hearing is required. The Register of Wills will tell you whether to file an objection with the Register or to file a petition with the Orphans’ Court.
2. Prepare a written objection or petition that includes: the estate caption (decedent’s name and case number), your name and contact information, a short statement of your legal interest, clear identification of the application you oppose (including the applicant’s name and the date of application), the specific legal grounds for the challenge, and the relief you request (deny issuance, revoke letters, appoint a different administrator, or schedule a hearing).
3. Attach supporting documents and an affidavit or declaration sworn before a notary if the Register/Orphans’ Court requires it.
4. File the objection/petition with the Register of Wills or Orphans’ Court clerk. Pay any filing fee that applies. Keep proof of filing (stamped copies or electronic filing receipt).
5. Serve the applicant and all other interested parties with the objection and any supporting documents according to court rules. Proper service is critical—follow the Register’s or court’s local rules for how to serve parties (personal service, certified mail, or as directed by the court).
6. Request a hearing date (or the Register/Orphans’ Court will schedule one). Be prepared to present your evidence at the hearing and to respond to any defenses the applicant raises.

6. If letters already issued: removal, suspension, or surcharge

If the court already issued letters of administration, you still have remedies:

• Petition for removal or suspension of the personal representative: ask the Orphans’ Court to remove the personal representative for cause (misconduct, breach of fiduciary duty, failure to account, incapacity, fraud). The court may appoint a temporary administrator while the dispute proceeds.
• Request an accounting: ask the court to order a formal accounting of estate transactions. If the accounting shows misappropriation, the court can surcharge (financially penalize) the personal representative and order repayment.
• Request emergency relief: if the estate assets are in immediate danger (e.g., assets disappearing), ask the court for temporary injunctive relief or for an order that freezes distributions or bank accounts.

7. Timing and deadlines

There is no universal single deadline that covers every type of objection. The decisive points are:

• If you want to prevent the initial issuance of letters, raise the objection immediately after the application is filed—prompt filing increases the chance the court will act before letters issue.
• If letters have already been issued, you can still petition for removal, accounting, or surcharge; do not delay once you learn of potentially improper conduct because evidence may be lost or dissipated.

8. Practical considerations and likely outcomes

• Many disputes settle. The court often encourages mediation or negotiated resolution—consider negotiation if it will preserve estate value and relationships.
• Remember the court’s focus: protect estate assets and ensure they are distributed according to law. Courts are reluctant to remove a representative absent strong proof of unfitness.
• Bring clear, organized documentary evidence and credible witnesses. Speculation and hearsay are less effective than contemporaneous records.

9. Where to find forms and local requirements

Each Maryland county may have its own local forms and filing rules. Start at the Maryland Courts probate pages for contact information and links to county Register of Wills offices: https://www.mdcourts.gov/probate. For the text of Maryland statutes and to research statutory priority and grounds for removal, consult the Maryland General Assembly website: https://mgaleg.maryland.gov.

10. When to get an attorney

Contesting appointment or seeking removal raises procedural and substantive legal issues (standing, statutory priority, fiduciary breaches, evidentiary rules). If the estate has significant assets or the issues are disputed, consult a probate attorney experienced in Maryland Orphans’ Court practice. An attorney can file pleadings correctly, handle service and discovery, and represent you at the hearing.

Helpful Hints

• Act quickly. Time is often critical to preserve evidence and to prevent improper distributions.
• Document everything. Keep copies of communications, financial statements, and any suspicious transactions.
• Get an inventory. Request or demand an inventory of estate assets—this can reveal missing items or improper transfers.
• Use the Register of Wills. The Register is a valuable resource for procedures, local forms, and case file access—call early and ask what you must file to preserve rights.
• Consider mediation. If family relations matter and estate assets are not at immediate risk, mediation can be a quicker, less costly option than litigation.
• Preserve bank and digital records. Request bank holds or a court order if you suspect spoliation of evidence.
• Be precise in pleadings. State exact facts you rely on and the remedy you request (deny issuance, revoke letters, remove representative, order accounting). Vague complaints are less effective.

Helpful legal resources: Maryland Courts probate information — https://www.mdcourts.gov/probate. Maryland General Assembly — Maryland Code research: https://mgaleg.maryland.gov.