Maryland Letters of Administration: How to Get Legal Authority Over the Estate

You're holding a check made out to someone who no longer exists — and the bank won't touch it.

That's the wall you hit without Letters of Administration. Every institution asks the same question: "Do you have Letters?" The bank. The brokerage. The MVA. The Register of Wills. None of them will move until you do.

This isn't the paperwork you wanted to be doing. But the process is more straightforward than it looks — and getting through it quickly protects the estate.

Letters of Administration are issued by the Register of Wills and give you legal authority to manage the estate. The process breaks into five moves: find the right Register of Wills office, gather the right documents, file the right form, receive your Letters (usually the same appointment), then act on them immediately.

Your first 48 hours should focus on just two things: identifying the correct Register of Wills office and gathering your documents. Everything else follows from there.

What Letters of Administration Are

When someone dies in Maryland, everything titled in the deceased's name is frozen — accounts, vehicles, property, all of it — until the court formally appoints someone to act on the estate's behalf.

Letters of Administration are that appointment. Once issued, they authorize you to:

• Open an estate bank account
• Access and liquidate investment accounts
• Transfer or sell real property
• Retitle vehicles at the MVA
• Pay debts and file final tax returns
• Distribute remaining assets to heirs

Without Letters, you have no legal standing. None.

Unrepresented estates aren't simply on pause. Creditors can continue making claims, state filing deadlines for estate inventory run from the date of death — not the date of appointment — and property can accumulate title complications the longer administration is delayed. Move promptly.

Letters Testamentary vs. Letters of Administration

Which document you get depends on whether the decedent left a will.

Letters Testamentary are issued when there's a valid will naming an executor. You're confirming the appointment the decedent already made.

Letters of Administration are issued when there's no will, when the will doesn't name an executor, or when the named executor is unwilling or unable to serve. The court appoints a personal representative — typically the surviving spouse first, then adult children, then other heirs in priority order.

The practical authority is identical. The distinction matters for how you petition, not for what you can do once you have either document.

File in the Wrong County and You Start Over

File at the Register of Wills office in the county where the decedent was legally domiciled at the time of death — not where you live, not where they owned property, but where they called home.

Maryland has 23 counties plus Baltimore City, each with its own Register of Wills. If you're uncertain which county, check voter registration, driver's license, or tax filings — wherever the decedent listed as their permanent address.

Most offices are open weekdays. Many accept walk-ins, but calling ahead saves a wasted trip.

RW1112 or RW1103: Choosing the Right Form

Two petition forms, based on estate size. Choose the wrong one and you'll need to refile.

Form RW1112 — Petition for Administration of a Regular Estate — applies when the gross estate exceeds $50,000, or $100,000 if the sole heir is the surviving spouse.

Form RW1103 — Small Estate Petition — applies to estates below those thresholds. Faster and cheaper.

Gross estate means the total value of all assets the decedent owned, including jointly held property. People frequently underestimate this number — and underestimating it means filing the small estate form when you needed the regular one. Calculate carefully.

Both forms are available on the Maryland Register of Wills website and at any local office.

What to Bring: Don't Make a Second Trip

Miss any of these and you'll need to come back:

• Original will (if one exists — the original, not a copy)
• Certified death certificate (bring at least two; you'll need extras throughout the process)
• Names and addresses of all heirs — everyone entitled to inherit under the will or Maryland's intestacy laws
• Approximate gross estate value — a reasonable estimate, not an audit

For uncontested estates, the Register typically issues Letters the same day. Most people complete the filing and walk out with Letters in a single appointment.

What makes an estate contested? A disputed will, multiple claimants to the personal representative role, or active creditor challenges — any of these can extend the timeline significantly.

The 20-Day Deadline Most People Miss

Within 20 days of your appointment, you must file Form RW1104 — List of Interested Persons with the Register of Wills. This lists every heir, legatee, and interested party: names, addresses, and their relationship to the decedent.

Missing this creates a compliance problem with the court. Set a calendar reminder the day you receive your Letters.

Opening the Estate Bank Account

This is your first move once Letters are in hand.

You cannot deposit a check made out to "Estate of [Decedent]" into your personal account. Commingling estate funds with personal funds creates personal liability and complicates every filing that follows — including taxes and the final accounting to the court.

The estate is a legal entity. It needs its own account.

Bring your Letters to a bank and open a checking account in the name of "Estate of [Full Legal Name of Decedent]." Every payment, every deposit, every reimbursement runs through that account. No exceptions.

Other Practical Uses

Once the bank account is open:

Brokerages: Present Letters to the decedent's investment firm. They'll retitle the account to the estate or release funds, depending on account type.

MVA: Bring Letters plus the original title to retitle or sell vehicles. Call the MVA ahead to confirm current estate transfer requirements.

Real property: You'll need to record a deed transfer through the county land records office. An attorney isn't required but is worth it here — a correctly drafted deed matters for title insurance and future sales. Errors now can create title defects that follow the property for years.

Once you have Letters, the clock starts on your tax filings. The Maryland Estate Tax Guide covers what's due in the 30, 60, and 90 days after Letters are issued — including inheritance tax, estate income returns, and exactly who owes what.

When Institutions Say Your Letters Are Too Old

Letters don't carry a statutory expiration date in Maryland. But many banks and brokerages have internal policies requiring Letters dated within 60 to 90 days. Present Letters from eight months ago and you'll likely face pushback.

The fix: return to the Register of Wills and request updated certified copies. There's a small per-page fee. Order five or six copies upfront — you'll present Letters to multiple institutions, and repeated courthouse trips add up fast.

The Bond Requirement

The court may require a personal representative bond before issuing Letters. The amount is typically set at the estimated estate value.

Bonds can often be avoided. Check the will first — waiver language is common in estate planning documents, and if it's there, you're done. If not, all interested persons can sign a written consent waiving the bond, and the Register may accept it.

Written consent doesn't guarantee waiver — the Register retains discretion. If a bond is required, you'll need a surety bond through an insurance company before Letters are issued.

Out-of-State Property Requires Separate Probate

Maryland Letters don't extend to property in other states.

If the decedent owned real estate elsewhere — a vacation home, a rental property — you'll need ancillary probate in that state. Failing to open ancillary probate doesn't just delay things: it can create title problems that follow the property for years and complicate any future sale.

Each state treats its property as its own. Plan accordingly.

Quick-Action Checklist

Keep this somewhere you can find it — check off steps as you go rather than try to hold them all in memory.

• [ ] Confirm which county was the decedent's legal domicile at death
• [ ] Locate that county's Register of Wills office and confirm hours
• [ ] Calculate gross estate value and select the correct form (RW1112 or RW1103)
• [ ] Gather: original will, certified death certificate (x2), heirs list with addresses, estate value estimate
• [ ] File petition and receive Letters (target: same-day appointment)
• [ ] Before day 20: file Form RW1104 (List of Interested Persons)
• [ ] Open estate bank account with Letters in hand — same week
• [ ] Order 5-6 certified copies of Letters
• [ ] Identify any out-of-state real property requiring ancillary probate

Everything that follows — taxes, distributions, closing the estate — is covered in the Maryland Estate Tax Guide.

Getting the Letters is the hardest part for most people. Once you have them, you have the authority. The rest is paperwork.

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