Detailed Answer

Short answer: In Maryland, to be appointed the personal representative (executor or administrator) of a deceased relative’s estate you generally must file a petition with the Register of Wills in the county where the decedent lived, provide the original will (if any) and death certificate, give required notice to interested persons, and obtain “Letters” (Letters Testamentary or Letters of Administration) that formally give you authority to manage and distribute the estate.

Who can be appointed as personal representative?

Maryland gives priority to persons named in a valid will to act as personal representative. If there is no will (intestate) or the named person cannot or will not serve, priority usually follows close family members (spouse, adult children, parents, siblings), but anyone qualified and appointed by the Register of Wills may serve. You must be an adult with legal capacity; the Register of Wills will check for statutory disqualifications.

Step-by-step: How to apply

Locate the will and death certificate. If the decedent left a will, find the original document and the official death certificate. The original will is usually filed with the Register of Wills for probate.
Identify the correct county Register of Wills. You must file in the county where the decedent was domiciled (their permanent legal residence) at death. Each county’s Register of Wills handles probate intake and has local forms and fee schedules.
Choose the correct petition:
- If there is a valid will and a named executor is available, file for probate of the will and issuance of Letters Testamentary.
- If there is no will, file for appointment of an administrator (Letters of Administration).
- If the named executor cannot or will not serve, interested persons may petition the Register for appointment.
Prepare required documents. Typical filings include the petition for probate or administration, the original will (if any), an official death certificate, a list of interested persons/heirs, and any required filing fee. The Register will tell you whether a surety bond is required or whether heirs can waive a bond.
File the petition with the Register of Wills and serve notice. After you file, the Register will usually notify named beneficiaries and certain interested persons. In some cases the Register will set a hearing; in routine uncontested matters the Register may act without a formal hearing.
Attend hearing or respond to inquiries. If the Register schedules a hearing or requests additional information, attend and provide what’s needed. If the Register approves the petition, they will issue Letters (formal documents proving your authority).
Get an EIN and take control of assets. After you receive Letters, obtain an Employer Identification Number (EIN) for the estate from the IRS, notify banks and asset holders, open an estate account if needed, and begin collecting assets and identifying creditors.
Administer the estate. As personal representative you will inventory assets, pay valid debts and taxes, file necessary tax returns, and distribute assets to beneficiaries according to the will or Maryland’s intestacy rules.

Forms, fees and bonds

Each county Register of Wills provides local filing forms, fee schedules, and instructions. A bond (insurance guaranteeing faithful performance) may be required unless waived by the will or by agreement of heirs. The Register can explain bond amounts and waiver procedures.

Timing and notice

How long probate takes depends on whether the estate is contested, whether the estate is complex, and how quickly you locate assets and creditors. The Register will provide required notice to heirs and creditors and will advise whether publication or specific service is needed.

Small estates and alternatives

Maryland offers simplified procedures for small estates and certain nonprobate transfers (for example, assets held in joint tenancy or with payable-on-death designations). The Register of Wills can explain whether a small estate affidavit or summary procedure applies in your case.

Key duties of a personal representative

Locate and secure estate assets.
Notify heirs and creditors and handle creditor claims.
Pay valid debts, taxes, and administration expenses.
Maintain accurate records, provide inventories and accountings when required.
Distribute remaining assets to beneficiaries per the will or Maryland intestacy law.

Where to find official Maryland information

General Maryland probate information and help from the Maryland Judiciary: https://www.mdcourts.gov/legalhelp/family/estate
County Register of Wills contact information and local forms: visit your county’s Register of Wills page through the Maryland Courts website (see link above) or search “Register of Wills [county name] Maryland.”
Maryland statutes and the Estates & Trusts Article of the Maryland Code: https://mgaleg.maryland.gov/ (search the Estates & Trusts Article for probate and administration provisions).

Disclaimer

This information is educational only and is not legal advice. It summarizes general Maryland probate procedure and does not cover every exception or local variation. For advice about a specific estate or complex issues (contested probate, tax matters, creditor disputes), consult a licensed Maryland attorney or contact the Register of Wills in the county where the decedent lived.

Helpful Hints

Contact the county Register of Wills early — they often provide checklists, local forms, and fee information.
Gather important documents first: original will, death certificate, bank statements, deeds, titles, insurance policies, and recent bills.
Obtain multiple certified copies of the death certificate — banks and agencies commonly require them.
Do not mix estate funds with personal funds; open a separate estate bank account once you have Letters.
If a bond is required, ask heirs if they will waive it in writing to avoid the cost of purchasing surety bonds.
Get an EIN from the IRS for the estate (do not use the decedent’s SSN for ongoing estate banking).
Keep meticulous records of receipts, disbursements, and communications; you may need to account to beneficiaries or the court.
If the estate seems small or simple, ask the Register about small-estate procedures to save time and expense.
If someone contests your appointment or the will, contact an attorney promptly to understand your options and duties.