Short answer: Under Maryland law, a personal representative (administrator or executor) owes duties to the estate and interested persons. If a proposed administrator is withholding asset information or estate documents, you can demand records, request a formal inventory or accounting through the Register of Wills or the probate court, and — if necessary — ask the court to compel production, sanction the administrator, or remove the administrator for failing to perform duties. Below are practical steps and the legal paths available in Maryland.
Detailed answer — what you can do and how Maryland law applies
1. Understand the role and who has rights to information
When someone dies, the personal representative manages estate property, pays debts, and distributes assets to beneficiaries. People with a legal interest — heirs, beneficiaries named in a will, and creditors — generally have a right to basic information about estate assets and administration. Maryland’s statutes governing the administration of decedents’ estates are in the Maryland Code, Estates and Trusts, Title 7 (Administration of Decedents’ Estates). See the statutes overview: Maryland Code, Estates & Trusts, Title 7.
2. Start by asking for information informally
Begin with a written, polite demand. Ask for a copy of the will (if any), the death certificate, a list of known assets with location and value, bank/ brokerage/ safe-deposit information, and any appraisals or contracts. Keep a dated record of your communication (emails, letters, text messages) and retain copies.
3. Check public probate filings
When probate is opened, certain documents are filed with the Register of Wills or the Orphans’ Court. These filings often include the petition for administration, the appointment order, and sometimes an inventory or bond. Contact the county Register of Wills or check their website to learn what has been filed. Maryland’s Register of Wills information and local office links: Register of Wills (Maryland Courts). General probate information is available at Maryland Courts’ Legal Help pages: Maryland Courts — Estates & Probate.
4. Request a formal inventory and accounting
Under Maryland probate practice, the personal representative is expected to identify and preserve estate assets and to render accounts to the court and interested persons. If an inventory or accounting hasn’t been provided, you can request one formally. If the administrator refuses, you may ask the Register of Wills or probate court to require an inventory and accounting.
5. Petition the court to compel production or for relief
If informal requests don’t work, Maryland law lets interested persons ask the probate court (Orphans’ Court in many counties, or the circuit court where probate is pending) to intervene. Typical court actions include:
- Motion or petition to compel the administrator to file an inventory or to produce records (often called a petition for accounting or a citation to produce inventory and account).
- Request for a formal accounting from the personal representative so the court can review receipts, disbursements, and distributions.
- Petition to surcharge (seek monetary remedy) if the administrator has misapplied estate assets.
- Motion for removal of the personal representative for failing to perform duties or for misconduct.
- Motion for contempt or other sanctions if the court orders production and the administrator refuses.
The exact petition or motion name and procedure will depend on the county and whether the case is before the Register/Orphans’ Court or the circuit court.
6. Use subpoenas and discovery
If the matter advances to contested proceedings, discovery (document requests, subpoenas, depositions) can be used to get bank records, appraisals, account statements, and communications about the estate.
7. Consider removal or surcharge for serious failures
If the administrator intentionally hides, wastes, or misapplies assets, Maryland courts have authority to remove that person and order a surcharge or other remedies to make the estate whole. These are serious claims that typically require clear evidence and court proceedings.
8. When you should get a lawyer
Consult a probate or estate litigation attorney when:
- Informal requests and court petitions have failed.
- There is suspected theft, fraud, or misapplication of estate assets.
- Large or complex estates are involved or dispute among multiple beneficiaries exists.
An attorney can file the correct petition, take discovery, present evidence to the court, and advise you about costs and likelihood of success.
9. Practical evidence and timeline tips
Collect and preserve: copies of the will, any communications with the administrator, bank statements you can access, and any documents showing beneficiary status. Be mindful of statutes of limitation for certain claims (timing can matter for surcharge, removal, and fraud claims), so act reasonably promptly when you suspect misconduct.
10. Helpful Maryland resources and statutes
- Maryland Code, Estates & Trusts, Title 7 (Administration of Decedents’ Estates): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est
- Maryland Courts — Register of Wills and probate information: https://mdcourts.gov/registerofwills
- Maryland Courts — general estate and probate help: https://www.mdcourts.gov/legalhelp/estate
Bottom line: You are entitled to information about the estate if you have a legal interest. Start by asking for records in writing, check what has already been filed with the Register of Wills, and — if needed — use the probate court to compel an inventory, accounting, or to seek removal or sanctions. Consulting a Maryland probate attorney can help identify the right petition and speed the process when informal efforts fail.
Disclaimer: This information is educational only and not legal advice. Laws change and every case is different. For guidance about your specific situation, consult a licensed Maryland attorney.
Helpful Hints
- Put all requests in writing and save copies of emails, letters, and texts.
- Contact the Register of Wills to see what filings exist and to confirm the name of the appointed personal representative.
- Ask for a simple, clear list: assets, account numbers or locations, and estimated values.
- If you receive nothing, file a petition with the probate court asking the court to order an inventory and accounting.
- Gather documentary proof of your beneficiary or heir status before filing a court action.
- Keep deadlines in mind — act promptly if you suspect theft or wrongful conduct.
- Consider mediation for cooperation before expensive litigation, if relationships allow.
- Get a lawyer experienced in Maryland probate when money, misconduct, or complex assets are involved.