Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
In Maryland, letters of administration grant someone authority to manage and distribute the estate of a person who died without a valid will (intestate). To obtain these letters, you must file certain documents with the Register of Wills in the county where the decedent resided. Key requirements stem from Maryland Code, Estates and Trusts Article, Title 7. Below is a summary of the documentation typically required:
- Certified Death Certificate: A certified copy of the decedent’s death certificate from the vital records office.
- Petition for Letters of Administration: File a formal petition using the Register of Wills’ standard form. The petition must include information about the decedent, the petitioner, and the estate. (See Md. Code, Est. & Trusts §7-201 [§7-201].)
- List of Heirs: A statement identifying all heirs at law, their relationship to the decedent, and contact information.
- Inventory of Assets: An itemized list of the decedent’s probate assets with estimated values, such as real estate, bank accounts, personal property, and securities. (See Md. Code, Est. & Trusts §7-202(a)(2) [§7-202].)
- Renunciations (if applicable): If any person with higher priority to serve renounces their right to administer, include a signed renunciation form.
- Bond or Bond Exemption: Maryland courts require administrators to post a surety bond unless waived by statute or through unanimous consent of heirs. Include a bond in an amount set by the Register of Wills, or a request for exemption if all distributees agree. (See Md. Code, Est. & Trusts §7-212 [§7-212].)
- Oath of Administrator: The petitioner must sign an oath pledging to faithfully perform the duties of estate administration.
- Filing Fee: Pay the statutory probate filing fee. Fees vary by county; contact the local Register of Wills office.
After submission, the Register of Wills reviews the documents, issues letters of administration if requirements are met, and provides certified copies for banking and asset transfer purposes.
Helpful Hints
- Contact the local Register of Wills office to obtain the correct forms and fee schedule.
- Gather certified copies rather than photocopies to avoid processing delays.
- Obtain professional appraisals for high-value assets like real estate.
- Provide complete contact information for heirs to ensure proper notice.
- Consider consulting an attorney if there are disputes among heirs or complex assets.
- Keep organized records and make extra copies of all filed documents.