When can an executor (personal representative) be removed under Maryland law?

Quick answer: In Maryland, an executor (called a personal representative) can be removed by the Orphans’ Court when an interested person shows good cause — for example, incapacity, misconduct, conflict of interest, failure to perform duties, fraud, waste of estate assets, or persistent refusal to account. A petition must be filed in the Orphans’ Court in the county where the estate is probated. Removal is an extraordinary remedy and the court will weigh the best interests of the estate and beneficiaries before replacing the representative.

Detailed answer — how removal works and what grounds matter

In Maryland, the person appointed to administer a decedent’s estate is usually called a personal representative. The Orphans’ Court has authority to supervise administration, resolve disputes, and remove a personal representative when necessary to protect the estate and the beneficiaries. See the Orphans’ Courts information on the Maryland Judiciary website: https://www.mdcourts.gov/orphanscourt.

Key steps and legal concepts:

• Who may ask for removal: An “interested person” — typically a beneficiary, heir, creditor, co-personal representative, or the State’s Attorney in some circumstances — can file a petition asking the Orphans’ Court to remove the personal representative.
• Where to file: The petition is filed in the Orphans’ Court for the county where the estate is being administered. Maryland’s Orphans’ Court handles probate and fiduciary supervision: https://www.mdcourts.gov/orphanscourt.
• Grounds for removal: Common legal grounds include:
• Incapacity, illness, or inability to carry out duties.
• Misappropriation or waste of estate assets; self-dealing or conflict of interest.
• Failure or refusal to give an inventory, account, or to file required reports.
• Neglect, gross mismanagement, or persistent delay that harms the estate or beneficiaries.
• Fraud, dishonesty, or criminal conduct related to estate administration.
• What the petitioner must show: The petitioner must present evidence to the court supporting the requested removal — for example, bank records showing improper withdrawals, missed filing deadlines, medical evidence of incapacity, or proof of a conflict of interest that prejudices the estate. The court evaluates whether the representative’s conduct prejudices the estate or beneficiaries.
• Court’s options: The Orphans’ Court has discretion. It can order removal, limit powers, require bonding or supervision, require accounting, or appoint a co-representative or successor. The court acts in the best interests of the estate and its beneficiaries.

Relevant Maryland law and resources

Maryland statutes and court practice govern probate and fiduciary matters. The Maryland Code, Estates and Trusts Article, contains the laws that control probate administration. For a general entry point to the Estates & Trusts provisions, see the Maryland General Assembly site: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et. The Orphans’ Court web pages explain local procedures and forms: https://www.mdcourts.gov/orphanscourt.

Note: specific code sections that touch on administration, accounting, inventory, and court supervision appear in Title 7 (Administration of Decedent’s Estates) and related parts of the Estates & Trusts Article. If you plan to file a petition, review the relevant statutory provisions and local Orphans’ Court rules for your county.

Example (hypothetical) to illustrate removal in practice

Hypothetical: Sarah names her brother Tom as executor in her will. After Sarah dies, Tom fails to file an inventory, misses required filings, and repeatedly spends estate funds on his personal business. Beneficiaries request an accounting. Tom ignores repeated requests. Beneficiaries file a petition in the Orphans’ Court alleging mismanagement and self-dealing and attach bank records and communications showing unauthorized withdrawals.

Outcome: The Orphans’ Court could order an interim accounting and, if the evidence shows harm to the estate, remove Tom as personal representative. The court might appoint a successor or a temporary administrator while the Court resolves the case, and it could order Tom to repay misused funds or require a bond.

Practical timeline and what to expect

• File petition with supporting evidence in the Orphans’ Court (time depends on court calendar).
• Court schedules a hearing; the personal representative will have notice and an opportunity to respond.
• Court may order interim relief (accounting, bond, limited powers) or hold a full hearing on removal.
• If removal is ordered, the court appoints a successor administrator and issues any remedial orders (restitution, surcharge, etc.).

Helpful hints

• Document everything: keep records of requests for information, copies of correspondence, and any financial records that indicate misuse or neglect.
• Start with a demand for accounting: many disputes resolve once the personal representative provides a proper inventory and accounting.
• Check local Orphans’ Court forms and filing requirements early — each county may have forms, fees, and procedures.
• Consider less drastic remedies first: contesting actions, requesting court supervision, bond requirements, or temporary limitations can sometimes fix problems without full removal.
• If removal is necessary, act promptly — delays can increase the estate’s losses and reduce available remedies.
• Be ready to propose a successor: identify a qualified alternate (another family member, an attorney, or professional fiduciary) to present to the court.
• Talk to an attorney experienced in Maryland probate and Orphans’ Court practice. Probate litigation has procedural deadlines and evidentiary rules that matter.

Disclaimer: This article explains general principles of Maryland probate law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Maryland attorney experienced in probate/estate matters.