To get letters of administration in Maryland, you file a Petition for Administration with the Register of Wills in the county where the deceased lived, post a bond, notify heirs and creditors, and wait for the Orphans’ Court to confirm you qualify. The court then issues the Letters of Administration, the document that proves your authority to collect assets, pay debts, and distribute what remains under Maryland’s intestacy laws.
Confirm You Have Priority to Serve
Maryland law decides who gets appointed, and the court works down a fixed list rather than picking freely. Under Section 5-104 of the Estates and Trusts Code, priority runs in this order:
- Surviving spouse, registered domestic partner, and children of the deceased
- Grandchildren entitled to share in the estate
- Parents entitled to share in the estate
- Siblings entitled to share in the estate
- Other relatives who apply for administration
Everyone within a group is treated as a class, so the court can choose among them. If no one in a higher group is willing or able, the court moves to the next.1Maryland General Assembly. Maryland Estates and Trusts Code 5-104 – Order of Right to Letters If someone ahead of you is willing to serve, your petition is unlikely to succeed unless they consent or are disqualified.
Confirm You Qualify
Priority alone isn’t enough. You must be at least 18, mentally competent, and either a U.S. citizen or a permanent resident who is a spouse, ancestor, descendant, or sibling of the deceased.
The petition requires you to affirm you haven’t been convicted of fraud, embezzlement, forgery, theft, perjury, or another serious crime bearing on honesty. A conviction isn’t an automatic bar, but you’ll have to show the court good cause to appoint you anyway. You are flatly disqualified if you feloniously and intentionally killed, conspired to kill, or procured the killing of the deceased. Trust companies and certain corporations authorized by law can also serve.
Decide Whether This Is a Small Estate or Regular Administration
Before filing, figure out which track applies, because the forms and oversight differ.
An estate qualifies as a small estate if the property subject to probate in Maryland is worth $50,000 or less as of the date of death. If the surviving spouse is the sole heir, the threshold rises to $100,000.2Maryland General Assembly. Maryland Estates and Trusts Code 5-601 – Administration in Accordance With Subtitle Value is fair market value minus any debts secured by the property, so a mortgaged house counts for less than the price tag suggests.
Small estate administration is faster and no probate fee is charged.3Register of Wills. Fees – Register of Wills You still file with the Register of Wills, and the petition includes a list of assets with values, a list of known debts, and a statement that you made a reasonable effort to locate everything. Everything above the threshold, or anything involving contested claims or real estate that must be sold, goes through regular administration.
File the Petition for Administration
File the Petition for Administration with the Register of Wills in the county where the deceased lived at the time of death. The petition asks the court to appoint you and must list the deceased’s full name, date of death, last known address, and the known heirs with their addresses. You’ll also provide your contact information and your relationship to the deceased.
Maryland charges a probate fee on a sliding scale, generally paid from estate funds rather than out of your own pocket. For estates opened on or after October 1, 2022:
- Under $50,000: no fee
- $50,000 to $99,999: $100
- $100,000 to $499,999: $200
- $500,000 to $999,999: $1,000
- $1,000,000 to $2,499,999: $2,000
- $2,500,000 to $4,999,999: $5,000
- $5,000,000 and above: increases further in tiers up to a maximum calculated rate3Register of Wills. Fees – Register of Wills
Gather the Supporting Documents
The petition won’t move without the paperwork that backs it up.
Certified Death Certificate
You need a certified copy to prove the person has died and to fix when and where, which determines jurisdiction. Order it through the Maryland Division of Vital Records or the local health department in the county where the death occurred.
Completed Petition Form
The form covers the deceased’s identifying information, known heirs and addresses, your affirmations about qualifications, and any prior probate proceedings tied to the estate. Accuracy matters. Errors delay processing and give objectors a hook.
Additional Affidavits When Needed
If there are disputes among potential heirs, questions about whether a will exists, or concerns about your suitability, the court may want sworn statements. A notarized affidavit from a disinterested third party with knowledge of the family situation can clear up these questions before they become a contested hearing.
Post the Bond
Maryland generally requires every personal representative to post a bond before Letters issue. The bond protects heirs and creditors against mishandling of estate assets.4Maryland General Assembly. Maryland Estates and Trusts Code 6-102 – Bond
You buy a surety bond from an approved bonding company. The Register of Wills sets the amount based on the value of the estate’s personal property and anticipated income, and the premium (a percentage of the bond amount) is typically paid from the estate.
The bond can be excused if all interested persons sign written waivers, though the register or court can still require a bond large enough to cover debts and Maryland inheritance taxes. Trust companies and national banking associations serving as personal representatives are exempt entirely.5Maryland General Assembly. Maryland Estates and Trusts Code 6-102 Even after Letters issue, an interested person or creditor can later petition the court to impose a bond for good cause.
Give Notice to Heirs and Creditors
Once you petition, the Register of Wills must notify every interested person whose name and address you provide. The initial notice goes by mail in a form that generates a return receipt, so there’s proof of delivery.6Maryland General Assembly. Maryland Estates and Trusts Code 1-103 – Notice
The register also publishes notice in a newspaper of general circulation in the county, running once a week for two successive weeks. The notice lists the deceased, the petitioner, and the hearing date.7Maryland General Assembly. Maryland Estates and Trusts Code 5-403 – Notice of Request for Judicial Probate Publication catches unknown heirs and creditors who weren’t on your mailing list.
After appointment, you also notify known creditors using the form required by Section 7-103. A creditor’s claim is barred unless filed by the earlier of six months after the date of death or two months after you mail or deliver the required notice.8Maryland General Assembly. Maryland Estates and Trusts Code 8-103 – Limitation of Actions Sending individual notices early can actually shorten the wait before you distribute.
If any heir or interested party objects to your appointment, they can file a formal objection and the court will schedule a hearing. Clean notice at every stage is what keeps the appointment from being unwound later.
Court Review and Issuance of the Letters
With documents, bond, and proof of notice in hand, the Orphans’ Court reviews the petition. The court checks the death certificate, verifies your qualifications, confirms the bond is adequate, and makes sure the notice procedures were followed.
If someone has objected, the court holds a hearing. Most disputes come from competing family members who each want the role, or from questions about a petitioner’s conflicts. The court is looking for someone competent and impartial who will act in the best interests of heirs and creditors.
If everything checks out, the Register of Wills issues the Letters of Administration. Keep certified copies on hand. Banks, title companies, insurance carriers, and government agencies will each want one before releasing the deceased’s assets to you.
What the Letters Commit You To
Receiving the Letters is the start of the job, not the end of it. Maryland holds personal representatives to strict fiduciary standards and monitors the work through required accountings.
You must file an initial accounting with the Register of Wills within nine months of appointment, with subsequent accountings at regular intervals until the estate closes.9New York Codes, Rules and Regulations. Maryland Rule 6-417 – Accounts Each accounting lays out what came into the estate, what went out, and what remains.
You’re also responsible for the deceased’s final individual income tax return on Form 1040, and for Form 1310 if a refund is due to the estate.10Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person If the estate itself earns $600 or more in gross income during administration, add Form 1041, the fiduciary income tax return.11Internal Revenue Service. 2025 Instructions for Form 1041 and Schedules A, B, G, J, and K-1
Beyond the paperwork, act impartially toward all beneficiaries, preserve assets, pay legitimate debts in the statutory order of priority, and avoid self-dealing. If you use estate funds for personal benefit or favor one heir over another, beneficiaries can petition to remove you and hold you personally liable for losses. The bond protects them at your expense.