Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Maryland law, a personal representative (sometimes called an executor or administrator) owes specific duties to heirs and interested parties. These duties ensure transparent administration and fair distribution of the decedent’s estate. Key responsibilities include:
1. Notice of Appointment
Within 30 days of appointment, the personal representative must send a written Notice of Appointment to each heir and beneficiary whose name and address are known. This requirement appears in MD Code, Estates & Trusts § 7-102. The notice informs heirs that someone is administering the estate and explains their right to petition the court. Md. Code Ann., Est. & Trusts § 7-102.
2. Inventory and Appraisement
Within three months of appointment, the personal representative must file an inventory listing all estate assets and their appraised values. This step provides heirs with a snapshot of the estate’s holdings. See Md. Code Ann., Est. & Trusts § 7-201.
3. Notice to Creditors and Publication
The personal representative must publish a Notice to Creditors in a local newspaper and send direct notice to known creditors. This action triggers the claims period, during which creditors can file claims against the estate. Requirements appear at Md. Code Ann., Est. & Trusts § 7-103.
4. Accountings
The personal representative must prepare periodic accountings showing income received, expenses paid, distributions made, and remaining assets. Maryland law generally requires at least one informal accounting within 12 months of appointment or a formal accounting as the court directs. See Md. Code Ann., Est. & Trusts § 7-108.
5. Responding to Heirs’ Requests
Heirs may request information about the estate. The personal representative must respond in a timely manner and may need to provide copies of inventory, accountings, and relevant documents. If disputes arise, the court can compel production under Md. Code Ann., Est. & Trusts § 7-104.
6. Distribution of Assets
After paying valid claims and expenses, the personal representative must distribute the remaining assets according to the will or Maryland’s intestacy statutes. Before final distribution, the representative often prepares a proposed distribution plan and may obtain court approval. See Md. Code Ann., Est. & Trusts § 7-504.
Helpful Hints
- Keep detailed records of all communications, notices, and financial transactions.
- Use certified mail or another traceable method when sending notices to heirs and creditors.
- Consult the Maryland Code online to verify deadlines for inventory and accountings.
- Respond promptly to heirs’ requests to prevent disputes or court orders.
- Consider working with a probate attorney if the estate involves complex assets or contested issues.