What Does a Personal Representative Do in Maryland? A Step-by-Step Overview

Being named personal representative (what many states call an “executor”) is an honor. But it’s also a serious legal responsibility. You become a fiduciary, legally obligated to act in the best interests of the estate and its beneficiaries, with court deadlines attached to nearly every step.

If you’ve just been appointed, or expect to be, here’s what the job involves in Maryland.

Step 1: Open the Estate with the Register of Wills

Probate begins by filing a petition with the Register of Wills in the county where the deceased lived, along with the original will (if there is one) and a death certificate. Once approved, the court issues Letters of Administration, which is your official proof of authority to act for the estate. Banks, brokerages, and title companies will all ask for these letters.

At this stage you’ll also choose (or the law will determine) the type of administration: regular, modified, or small estate. The right choice affects everything downstream. See our comparison of small estates vs. regular estates in Maryland.

Step 2: Notify Interested Persons and Creditors

You must formally notify the heirs and beneficiaries (“interested persons”) and publish a notice of appointment in a local newspaper, which starts the clock on creditor claims. Creditors generally have six months from the date of death to file claims against the estate.

Step 3: Secure and Inventory the Assets

One of your first practical jobs is locating and protecting everything the estate owns: real estate, bank and investment accounts, vehicles, business interests, and personal property. You’ll open an estate bank account, obtain a tax ID for the estate, and redirect income and bills.

Within three months of your appointment, you must file an inventory with the Register of Wills listing the estate’s assets and their date-of-death values. Some assets, like real estate and valuable personal property, may require formal appraisal.

Step 4: Pay Debts, Expenses, and Taxes

Before anyone inherits, the estate’s obligations come first:

• Valid creditor claims (in the priority order Maryland law sets)
• Funeral expenses (subject to the statutory allowance)
• Administration expenses (probate fees, appraisals, attorney’s fees)
• Taxes (the deceased’s final income tax return, any estate income tax returns, and the Maryland inheritance tax if non-exempt beneficiaries inherit)

Paying the wrong things in the wrong order, or distributing too early, can make you personally liable. This is the part of the job where professional guidance pays for itself.

Step 5: File Accounts with the Court

In a regular estate, the first account is due within nine months of appointment, with subsequent accounts every six months until the estate closes. A Maryland account isn’t a casual summary. It’s a formal, schedule-by-schedule reconciliation of every dollar that entered or left the estate, in the format required by the Maryland Rules. The math must balance to the penny, and the Register of Wills will audit it.

(In modified administration, a final report replaces formal accounts, which is one reason that election is attractive when available.)

Step 6: Distribute and Close

Once debts and taxes are resolved and your account is approved, you distribute the remaining assets according to the will, or, if there’s no will, according to Maryland’s intestacy rules (see what happens if you die without a will in Maryland). After final distribution and the final account’s approval, the estate closes and your duties end.

Are Personal Representatives Paid?

Yes. Maryland law allows the personal representative a commission, calculated on a statutory sliding scale based on the estate’s value, subject to court approval. Many family-member PRs waive it, especially when they’re also the main beneficiary, but it’s worth understanding your options (and the income tax consequences) before deciding. See our Personal Representative Commissions Calculator here.

How Long Will This Take?

Most regular estates run 9 to 18 months start to finish. Our full breakdown: How long does probate take in Maryland?

Do You Need an Attorney to Serve as Personal Representative?

Legally, no. Practically, most personal representatives benefit enormously from one. The deadlines are unforgiving, the account format is technical, and errors expose you to personal liability. An attorney can handle the filings and the Register of Wills while you focus on your family. Learn how we help on our probate page.

Frequently Asked Questions