Detailed Answer — What you must prove and documentation to gather

When a Maryland estate is reopened so a court can appoint an administrator (also called a personal representative), the court must know who the heirs are and whether the person asking to be appointed has legal priority. You must prove your identity, your relationship to the decedent, and that you have priority (or the consent of higher‑priority relatives). Below is a practical checklist and explanation of the documents courts commonly require.

1. Understand who has priority to be appointed

Maryland determines who may serve as an administrator by statutory priority and by the facts of the estate (e.g., whether there is a will, whether the will names a personal representative, or whether the estate is intestate). If the decedent died without a will (intestate), the court looks to heirs under Maryland intestacy rules to decide who may be appointed. See Maryland’s Estates & Trusts statutes on intestacy for the priority rules: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est&section=3-101

2. Core documents the register of wills or probate court will expect

• Certified copy of the decedent’s death certificate. This begins the court file and proves the estate exists.
• Certified birth certificates showing your relationship to the decedent. For example, your birth certificate showing the decedent as a parent, or the decedent’s birth certificate showing your parentage.
• Marriage certificate or divorce decree when spousal status matters (e.g., to prove you are a surviving spouse).
• Adoption records or legal name‑change orders if adoption or name changes affect the chain of relationship.
• Death certificates of intervening relatives (for example, if a parent (the decedent’s child) predeceased the decedent and you are claiming by representation).
• Probate file number and prior letters (if available) if the estate was originally opened and closed. Provide copies of any prior Letters of Administration or Letters Testamentary and the court’s final order closing the estate.
• Affidavit of heirship or family tree. A signed affidavit describing the decedent’s family, relationship chain, and addresses of heirs. Courts often accept a sworn affidavit when documentary records are incomplete, but the court decides its weight.
• Renunciations or consents from other heirs. If someone with higher priority waives the right to serve, a signed renunciation or written consent speeds appointment. If higher‑priority heirs are unavailable or refuse to act, the court may still appoint a lower‑priority heir after notice.
• Proof of your identity and address. Government photo ID, Social Security number (if required on court forms), and a current address for service.
• Bond or bond waiver. Maryland courts often require a fiduciary bond unless the will waives bond or all heirs consent to waive. Be prepared to post bond or submit a signed bond waiver from the heirs.

3. Filing the right pleadings and procedural steps

To reopen an estate and be appointed, you typically must:

1. Locate the original probate case (court name, file number) and prepare a petition to reopen the estate or a petition to appoint a successor administrator. Include facts explaining why the estate is being reopened (e.g., newly discovered property, omitted creditors, fraud, or an incomplete closing).
2. Attach the decedent’s death certificate and any prior probate orders or Letters.
3. Attach the proofs of relationship listed above (birth/marriage/adoption certificates, affidavits of heirship).
4. Provide notice to interested persons (heirs, creditors, beneficiaries) as required by Maryland probate procedure. The court will require proof of notice.
5. Show either the court‑required bond or obtain waivers when permitted.
6. Attend the hearing (if the register or judge schedules one). Be prepared to present original or certified documents and sworn testimony about relationships if requested.

4. Special issues for reopened estates

If the estate was previously administered and closed, expect the court to want:

• Explanation why the estate needs reopening (e.g., newly found asset, omitted heir, unresolved claim).
• A copy of the final accounting or closing order if available.
• Proof that any distributions made earlier are accounted for; the court may require an inventory or account showing the newly discovered assets or liabilities.

5. When documentary proof is missing

If you cannot produce certified vital records, the register may accept secondary evidence such as hospital records, baptismal records, school records, or a detailed affidavit from a close family member or custodian of records. The court weighs secondary evidence case by case.

6. Practical examples

Example A: You are the decedent’s adult child and the estate was closed years ago. You find a bank account in the decedent’s name. To reopen the estate you will likely file a Petition to Reopen Probate, attach the death certificate, your birth certificate showing the decedent as your parent, a copy of the closed estate order, and give notice to siblings. If siblings consent, the court may appoint you as administrator or allow you to handle the asset under the reopened estate order.

Example B: You claim to be the surviving spouse, but the decedent had a putative spouse or a prior marriage. You will need your marriage certificate, any divorce decree that ended previous marriages, and perhaps evidence that the decedent and you cohabited if the marriage is in question. The court will sort competing claims and decide priority.

Key Maryland resources

• Maryland Courts — Probate information and forms: https://www.mdcourts.gov/probate
• Maryland Courts — Legal help for probate (self‑help): https://www.mdcourts.gov/legalhelp/probate
• Maryland Code, Estates & Trusts (intestacy and related rules): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est&section=3-101

Helpful Hints — Practical steps to prepare before you file

• Gather certified vital records early. Request certified copies of birth, marriage, death, and adoption records from state or county vital records offices.
• Locate the original probate case number and any closing orders. The register of wills for the county that handled the estate keeps these records.
• Prepare a clear family tree that shows how you connect to the decedent. Attach supporting documents to every relationship link.
• Get signed renunciations from higher‑priority heirs if possible. A formal written renunciation shortens the court process.
• Talk to the register of wills or probate clerk before filing. They can explain county‑specific forms and bond requirements.
• If you cannot obtain primary documents, collect multiple secondary records and prepare sworn affidavits explaining why primary records are unavailable.
• Consider hiring a Maryland probate attorney in complex situations: competing heirs, missing records, assets in multiple states, or potential creditor claims.
• Keep originals handy for the hearing. Courts often require originals or certified records for formal proof.

If in doubt, contact the register of wills in the county where the decedent lived or a Maryland probate attorney. The register can tell you local filing requirements and the exact forms you must use. Again, this article is informational only and not legal advice.