What Does a Personal Representative Do in Maryland?

If you've recently been appointed as a Personal Representative in Maryland, you may be asking yourself: "What exactly am I supposed to do?" You're not alone. For most people, this is their first time handling an estate. It can feel overwhelming. The good news is that you don't have to figure it out by yourself.

What Is a Personal Representative?

A Personal Representative is the person appointed to manage someone's estate after they pass away. If the deceased named the person in a will, that person is called an executor. If there is no will, or no named executor, the Maryland court appoints someone called an administrator to serve in that role. Either way, the Personal Representative acts on behalf of the estate, not for themselves, and receives Letters of Administration or Letters Testamentary granting the legal authority to act on the estate's behalf.

Your Most Important Responsibility

Your primary responsibility is simple: protect the estate and act in its best interests. This legal obligation is called a fiduciary duty. Every decision should be made with the estate, not personal interests, as the priority.

Maryland law defines the standard in Estates and Trusts Section 7-101: a Personal Representative must settle and distribute the estate "as expeditiously and with as little sacrifice of value as is reasonable." This duty means acting in good faith, avoiding conflicts of interest, keeping detailed records, making decisions based on facts and professional advice, and treating all beneficiaries fairly. If you fail to meet this duty, you can be held personally liable.

What Does a Personal Representative Actually Do?

Although every estate is different, most Personal Representatives will:

• Locate the will if one exists
• File probate with the Maryland Register of Wills
• Identify and safeguard estate assets
• Obtain property values
• Notify beneficiaries
• Address creditor claims as required by law
• Maintain the home, keep insurance in force
• Collect financial records
• Pay valid debts and expenses
• File tax returns
• Work with attorneys, accountants, Realtors, and title companies
• Sell property if necessary
• Distribute remaining assets according to the law or the will
• Prepare a final accounting for the court

It's a significant responsibility, but you don't have to do it alone.

Key Maryland Filing and Notice Requirements

Two Maryland requirements deserve special attention as you administer the estate. Under Estates and Trusts Section 7-201, you must file an inventory of estate assets with the Register of Wills within three months of your appointment, and the inventory typically includes a professional appraisal of real property. In addition, Maryland law requires you to publish notice to creditors under Estates and Trusts Section 8-103; creditors generally have six months from the date of first publication to file claims against the estate.

Protecting the Home Is One of Your Biggest Jobs

For many estates, the house is the largest asset. That means protecting it should be one of your first priorities. The steps below are practical recommendations and best practices based on Marc's experience with probate estates, not legal requirements. They include:

• Changing locks if appropriate
• Verifying insurance coverage
• Maintaining utilities
• Preventing deferred maintenance
• Scheduling lawn care
• Monitoring the property if it will be vacant

Waiting too long can reduce the home's value and increase the estate's expenses.

Keep Good Records

One of the easiest ways to avoid problems is by documenting everything. Keep copies of:

• Receipts
• Bank statements
• Repair invoices
• Utility bills
• Insurance payments
• Contractor estimates
• Communications with heirs

Good records protect both the estate and the Personal Representative.

You Don't Have to Be an Expert

Many people believe they must know everything about probate before accepting the role. That's simply not true. Your job is to build the right team. That may include:

• Probate attorney
• CPA
• Financial advisor
• Probate Realtor
• Estate sale company
• Clean-out company
• Contractors
• Title company

The right professionals make the process smoother and help reduce costly mistakes.

Common Mistakes Personal Representatives Make

Avoid these common errors:

• Waiting too long to secure the home
• Allowing insurance to lapse
• Ignoring maintenance
• Accepting the first offer without understanding market value
• Failing to communicate with heirs
• Keeping poor financial records
• Making decisions without professional advice

Most of these mistakes are preventable with proper planning.

Frequently Asked Questions

Am I personally liable if I make a mistake?

A Personal Representative has fiduciary responsibilities. Maryland law requires a Personal Representative to settle and distribute the estate as expeditiously and with as little sacrifice of value as is reasonable. Because every situation is different, consult your probate attorney whenever you're uncertain about a decision.

Can I hire professionals?

Yes. Most Personal Representatives rely on experienced professionals to help administer the estate.

Do I get paid?

Maryland law may allow compensation for serving as Personal Representative in certain circumstances. Ask your probate attorney how the rules apply to your estate.

Do I have to sell the house?

Not always. The best decision depends on the estate's assets, debts, and the wishes of the beneficiaries, consistent with Maryland law.

How long does the Personal Representative serve?

Until the estate is fully settled and the court issues a discharge order. As an estimated planning range, most estates take roughly 6 to 18 months. That is a planning estimate, not an average and not a fixed legal timeline.

Can a Personal Representative be removed?

Yes. If the court finds the Personal Representative is not fulfilling their duties, they can be removed and replaced.

Does the Personal Representative get paid?

Yes. Maryland law allows the Personal Representative to receive reasonable compensation for their services, typically a percentage of the estate.

Can the Personal Representative sell property without court approval?

In most cases, yes. Under Estates and Trusts Section 7-401, a Personal Representative may sell estate property without court application except as limited by the will or by court order. Some sales can still involve court approval depending on the will and the authority granted, so ask your estate attorney how the rules apply to your estate.

We Help Maryland Personal Representatives Every Day

Serving as a Personal Representative can feel overwhelming, but it doesn't have to. Our team helps with every aspect of preparing and selling probate real estate. The items below are practical recommendations and best practices drawn from Marc's experience, not statutory requirements. They include:

• Property valuation
• Repair recommendations
• Contractor coordination
• Estate clean-outs
• Professional staging
• Multiple cash offers
• Traditional MLS marketing
• Coordination with attorneys, accountants, and title companies

Our mission is simple: help you fulfill your fiduciary duty by settling and distributing the estate as expeditiously and with as little sacrifice of value as is reasonable, while reducing your stress.

For a complete overview of the full process, read the complete executor guide for selling probate property.

If you've been appointed as a Maryland Personal Representative, contact us today for a free probate real estate consultation.

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Marc Cormier is a Maryland-licensed Realtor and probate real estate specialist serving Montgomery County, Prince George's County, and the greater Washington DC metro area.