Letters Testamentary in Maryland
How the Maryland probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: Estates are opened with the Register of Wills in the county where the decedent lived, by filing a petition for administration (small or regular estate) with the death certificate, the original will, and other required papers. Md. Code, Estates & Trusts §§ 6-102, 6-104
| Letters testamentary | Estates are opened with the Register of Wills in the county where the decedent lived, by filing a petition for administration (small or regular estate) with the death certificate, the original will, and other required papers. Maryland issues 'Letters of Administration' in a statutory form signed by the Register of Wills under seal, stating that administration has been granted to the personal representative. A personal representative must post a bond with approved sureties unless the will or all interested persons excuse it; even then, a bond sufficient to cover debts and Maryland inheritance taxes is required. A regular estate requires a nominal bond or a personal representative bond plus newspaper publication. Register of Wills checklist for opening an estate: https://registers.maryland.gov/main/newestate.html |
|---|---|
| Who can be executor | The court will not appoint someone who is under 18, mentally incompetent, convicted of a serious crime (such as fraud, theft or perjury) without good cause shown, not a U.S. citizen (unless a permanent resident who is the decedent's spouse, parent or grandparent, descendant or sibling), or a full-time judge, clerk or register (with family exceptions). A nonresident may serve only after filing an irrevocable designation of a Maryland resident agent for service of legal papers. A bond is required unless the will waives it or all interested persons waive it, in which case a nominal bond is used. Bond guidance: Register of Wills FAQ, https://registers.maryland.gov/main/faq.html |
More Maryland estate law
- Medical Power of Attorney in Maryland
- Small Estate Affidavit in Maryland
- Power of Attorney in Maryland
- Quitclaim Deeds and Transferring Property in Maryland
- Who Inherits If You Die Without a Will in Maryland
- How to Make a Valid Will in Maryland
- How Probate Works in Maryland
- Living Wills and Advance Directives in Maryland
- Revocable Living Trusts in Maryland
- Executor Duties in Maryland
- Affidavit of Heirship in Maryland
- How to Avoid Probate in Maryland
- Transferring a Car After Someone Dies in Maryland
- All Maryland wills, probate and estate rules
FAQ
How do I get letters testamentary in Maryland?
Estates are opened with the Register of Wills in the county where the decedent lived, by filing a petition for administration (small or regular estate) with the death certificate, the original will, and other required papers. Maryland issues 'Letters of Administration' in a statutory form signed by the Register of Wills under seal, stating that administration has been granted to the personal representative. A personal representative must post a bond with approved sureties unless the will or all interested persons excuse it; even then, a bond sufficient to cover debts and Maryland inheritance taxes is required. A regular estate requires a nominal bond or a personal representative bond plus newspaper publication.
Who can be an executor in Maryland?
The court will not appoint someone who is under 18, mentally incompetent, convicted of a serious crime (such as fraud, theft or perjury) without good cause shown, not a U.S. citizen (unless a permanent resident who is the decedent's spouse, parent or grandparent, descendant or sibling), or a full-time judge, clerk or register (with family exceptions). A nonresident may serve only after filing an irrevocable designation of a Maryland resident agent for service of legal papers. A bond is required unless the will waives it or all interested persons waive it, in which case a nominal bond is used.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.