Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a decedent’s bank accounts must be frozen or secured in Maryland and co-heirs refuse to cooperate, you need a court-authorized personal representative (sometimes called an administrator). Below are the key documents and steps required under Maryland law to obtain authority and protect the assets.
1. Petition for Appointment of a Personal Representative
- Application Form: File a petition with the Orphans’ Court in the county where the decedent lived. See Maryland Estates & Trusts (E.T.) Article, §6-201. E.T. §6-201.
- Death Certificate: Include a certified copy of the decedent’s death certificate.
- Heirship Affidavit or Will: If the decedent left a will, submit the original. If no will exists, provide an affidavit listing all heirs and their relationships.
2. Supporting Documents for the Petition
- List of Known Assets: Provide a schedule of the decedent’s bank accounts, their balances, and bank names.
- Oath of Personal Representative: A sworn statement that you will faithfully perform your duties.
- Bond: In many cases the court requires a surety bond to protect estate creditors and beneficiaries (E.T. §6-102). E.T. §6-102.
- Proposed Order: A draft Order for the judge’s signature authorizing letters of administration.
3. Obtaining Letters of Administration
Once the judge signs the order, the court clerk issues Letters of Administration. Present certified Letters to each bank holding the decedent’s funds. Maryland banks must honor properly issued letters under the Uniform Probate Code provisions adopted in E.T. Article.
4. Injunctive Relief (If Immediate Freeze Is Needed)
If assets are at risk of dissipation before letters issue, you may file for a temporary injunction under the Maryland Courts & Judicial Proceedings (C.J.P.) Article, §3-1504. This emergency motion asks the court to freeze specific accounts until a personal representative is appointed. C.J.P. §3-1504.
Helpful Hints
- Contact the Orphans’ Court clerk early to confirm local filing requirements and fees.
- Gather multiple certified copies of the death certificate—banks often require originals.
- Prepare a complete heirship chart to avoid disputes over beneficiaries.
- Keep detailed records of all filings, service of process, and bank communications.
- If co-heirs still resist, consider mediation or petitioning the court for sanctions to compel cooperation.