When someone passes away in Maryland, settling their estate can involve much more than reading the will and distributing property.
Bank accounts may need to be identified. Real estate may need to be secured, maintained, valued, or sold. Creditors may need to be addressed. Court filings have deadlines. Expenses must be tracked. And ultimately, the remaining estate assets must be distributed to the appropriate beneficiaries or heirs.
The person appointed to oversee this process is known in Maryland as the Personal Representative.
If you have recently been named or appointed as a Personal Representative, understanding your responsibilities is one of the most important first steps you can take.
What Is a Personal Representative in Maryland?
A Personal Representative is the individual appointed to administer a deceased person's estate. You may also hear the terms executor or administrator, but Maryland generally uses the term Personal Representative.
Once appointed and issued Letters of Administration, the Personal Representative has authority to act on behalf of the estate.
But that authority comes with significant responsibility.
A Personal Representative is a fiduciary. That means the Personal Representative must administer the estate in good faith, protect its assets, follow Maryland law and applicable court orders, and act in the interests of the estate rather than for personal benefit.
The Maryland Register of Wills describes the position as one of confidence, trust, and good faith.
1. Identify and Take Control of Estate Assets
One of the Personal Representative's first responsibilities is to determine what the deceased owned.
Depending on the estate, assets may include:
- Real estate
- Bank accounts
- Vehicles
- Investments
- Business interests
- Personal property
- Money owed to the deceased person
- Other financial or tangible assets
The Personal Representative may need to locate documents, communicate with financial institutions, identify ownership interests, and determine which assets belong to the probate estate.
This process is sometimes referred to as marshaling the assets.
2. Protect and Preserve Estate Property
Identifying an asset is only part of the responsibility.
The Personal Representative must also take reasonable steps to protect estate property while the estate is being administered.
This can become particularly important when the estate contains a home or other real estate.
A property may need:
- Insurance coverage verified or maintained
- Utilities monitored
- Locks changed
- Personal belongings secured
- Lawn or exterior maintenance
- Repairs
- Property preservation
- Clean-out services
- An appraisal or valuation
- Preparation for sale
An estate property that sits unattended can quickly become a financial liability.
Deferred maintenance, water damage, code violations, vandalism, insurance problems, unpaid utilities, or other issues can reduce the value ultimately available to the estate.
3. Determine the Value of Estate Assets
A Personal Representative must determine the value of assets included in the estate.
For a regular Maryland estate, an Inventory is generally due within three months after appointment and reports property owned solely by the decedent and certain other interests.
Assets generally must be reported at their fair market value as of the date of death, subject to Maryland's appraisal requirements.
Real estate can be one of the estate's largest assets, making an accurate valuation particularly important.
Before deciding whether property should be retained, transferred, repaired, or sold, the Personal Representative should understand what the property is realistically worth and what obligations may be attached to it.
4. Identify Creditors and Handle Estate Debts
Personal Representatives are responsible for making a reasonably diligent effort to identify the deceased person's creditors.
Valid estate obligations may include items such as:
- Funeral expenses
- Administrative expenses
- Taxes
- Mortgages
- Medical bills
- Credit cards
- Utility balances
- Other valid claims against the estate
A Personal Representative should not simply begin distributing money as soon as estate funds become available.
Claims, expenses, taxes, and other obligations may need to be resolved first, and Maryland law establishes an order of payment when an estate does not have sufficient assets to pay every claim in full.
5. Keep Estate Finances Organized
Estate money should be carefully managed and documented.
The Personal Representative may need to collect income owed to the estate, deposit estate funds, pay approved expenses, document transactions, and maintain records showing where estate money came from and where it went.
Good recordkeeping becomes especially important when preparing estate accountings and responding to questions from beneficiaries, attorneys, the Register of Wills, or the court.
Think of the estate as its own financial operation.
Every dollar should have a paper trail.
6. Complete Required Probate Filings
Maryland probate administration comes with important filing requirements.
For a regular estate, common deadlines include:
Within 20 days after appointment:
A List of Interested Persons must generally be filed if it was not filed with the Petition for Probate.
Within three months after appointment:
The Inventory and Information Report generally must be filed.
Within nine months after appointment:
The first estate account must generally be filed.
Additional accounts may be required until the estate is closed.
Different procedures and deadlines can apply to small estates and estates proceeding under Modified Administration.
The Register of Wills typically provides the Personal Representative with a schedule of mandatory filing deadlines after appointment.
Missing deadlines can delay administration and potentially create additional problems for the Personal Representative.
7. Manage Real Estate Owned by the Estate
Real estate is often where estate administration becomes significantly more complicated.
A Personal Representative may need to determine:
- Who currently occupies the property
- Whether the mortgage is current
- Whether property taxes are due
- Whether adequate insurance remains in place
- Whether repairs are necessary
- Whether personal property remains inside
- Whether the property should be maintained, transferred, or sold
- What the property is worth in its current condition
- Whether improvements would increase the estate's net proceeds
- How the property should be marketed if a sale is appropriate
The Personal Representative may have authority to sell estate property when appropriate, subject to the will, Maryland law, and the circumstances of the estate.
The important question is not simply:
“Can we sell the house?”
The better question is:
“What course of action best protects the estate and its value?”
8. Work With the Right Professionals
A Personal Representative does not necessarily have to personally perform every task involved in administering an estate.
Depending on the circumstances, an estate may need assistance from professionals such as:
- Probate or estate attorneys
- Accountants or tax professionals
- Real estate brokers
- Appraisers
- Contractors
- Estate sale companies
- Clean-out companies
- Property preservation vendors
- Other specialists
The Personal Representative remains responsible for the administration of the estate, but building the right professional team can make the process far more manageable.
9. Communicate With Interested Persons
Estate administration often involves multiple people with different expectations.
Beneficiaries and heirs may have questions about property, money, timelines, expenses, or distributions.
Clear communication and organized documentation can reduce misunderstandings and help the Personal Representative demonstrate that decisions are being made for legitimate estate purposes.
This becomes especially important when real estate represents a substantial portion of the estate.
10. Distribute the Estate and Work Toward Closing It
Ultimately, the Personal Representative's job is to settle the estate.
After appropriate debts, taxes, expenses, claims, and administrative matters have been addressed, the remaining assets can be distributed according to the will or, when there is no valid will controlling those assets, Maryland's laws of intestacy.
The Personal Representative must then complete the necessary steps to bring the estate administration to a conclusion.
The Personal Representative Is More Than a Name on a Court Document
Being appointed Personal Representative can feel like receiving a title.
In reality, you have been given responsibility for an entire process.
You may become responsible for coordinating assets, property, paperwork, deadlines, creditors, professionals, beneficiaries, expenses, and major financial decisions—all while dealing with the loss of someone you knew.
You do not have to become an expert in every part of the process.
But you do need to know what needs attention, what decisions need to be made, and when professional assistance may be appropriate.
When Real Estate Is Part of the Estate
Real estate can be one of the most valuable—and complicated—assets a Personal Representative has to manage.
Before deciding on an estate property, it can be helpful to understand:
What is the property worth today?
What condition is it in?
What would it take to prepare it for sale?
Should repairs be made—or should it be sold as-is?
What expenses are accumulating while the estate holds it?
What strategy may best preserve the estate's net value?
Those answers can help turn an overwhelming property situation into a clear plan.
Need Help Understanding an Estate Property?
If you are serving as a Personal Representative in Maryland and the estate includes real estate, I help Personal Representatives and families evaluate the property, understand their options, and coordinate the real estate side of the estate process.
Whether the property needs a valuation, clean-out, repairs, preservation, preparation for market, or a potential sale, the first step is understanding the situation before making a major decision.
Fred Dorsey
The Prince of Probate
Probate & Estate Real Estate Specialist
Dorsey's International Realty
Schedule an Estate Property Consultation
This article is provided for general educational and informational purposes and is not legal, tax, or financial advice. Probate circumstances vary. Personal Representatives should consult the appropriate Maryland Register of Wills and qualified legal, tax, or financial professionals regarding their specific estate.
