If you’re beginning the process of administering a loved one’s estate and there is no will—or the named executor cannot serve—you may need to obtain letters of administration. These legal documents are issued by a Maryland probate court and give a person the authority to manage and settle the decedent’s estate.

Letters of administration allow the court-appointed personal representative (administrator) to access bank accounts, pay debts, distribute assets, and complete other responsibilities typically handled by an executor.

When are Letters of Administration Necessary?

Letters of administration come into play when a legal executor has not been named or is unable to fulfill the role. This can occur, for example, when the executor designated in the will has become incapacitated, has experienced a significant life change, or some other obstacle is preventing them from acting. In many cases, a person simply has not written a will with the help of a probate lawyer. In fact, 60% of Americans pass away without an estate plan. Therefore, the courts must ensure that the best person is entrusted with the job.

Who Can Be Named as an Administrator?

When no executor is available, the probate court appoints an administrator based on Maryland intestacy law. Preference is generally given in this order:

1. Surviving spouse

2. Adult children

3. Parents

4. Siblings

5. Other close relatives

Courts aim to choose someone with the best ability to manage the estate fairly and efficiently. However, disputes among family members can complicate the process—working with a Maryland wills and estates attorney can help minimize conflict and delays.

How Can I Obtain Letters of Administration?

To get letters of administration, you will need to submit your application to the probate courts. You will need to obtain a copy of the decedent’s death certificate from the funeral home. It’s best to request extra copies. However, you should submit the original copy with your application if possible. You should also have the following documents:

• A copy of the will
• Letters from banks
• A list of assets and liabilities
• Any property titles

Next, you will need to notify all relatives. You may have already spoken with family, but you will need to formally connect with any potential heirs. Try to collect as much information as you can to set yourself up for a smooth process. You may not be able to obtain certain things, such as bank account access, insurance policies, credit card information, and mortgages, until your letters of administration have been granted.

An attorney can help you with this to ensure all necessary materials are included, such as tax forms. Once your application is complete, your lawyer can help you submit it to the court. Once your application has been approved, you will receive your documents.

How Long Does It Take to Obtain Letters of Administration?

There are lots of factors that can influence how long it takes your local probate court to issue letters of administration. However, in general, you can expect it to take six to eight weeks. This is assuming you have included all of the necessary documents with your application. If there were any errors in your application, it can take longer to get your letters, so working with a wills and estates lawyer is critical. If a situation arises such as a disagreement over who will be named administrator, this can also cause the process to take longer.

What Can I Do with Letters of Administration?

Once granted, letters of administration allow you to:

• Access financial accounts and estate assets

• Pay outstanding debts and taxes

• Close bank accounts or transfer titles

• Sell property (if necessary)

• Distribute remaining assets to heirs under Maryland intestacy law

• Communicate with government agencies, creditors, and financial institutions

You are legally responsible for settling the estate in accordance with Maryland probate laws and for keeping records of all actions taken.

Do I Need a Lawyer to Apply for Letters of Administration?

While it is possible to file on your own, Maryland probate laws are complex. An experienced Maryland probate lawyer can help:

• Complete and file all necessary documents correctly

• Represent you if there are family disputes or contested estates

• Ensure you fulfill all fiduciary duties as an administrator

• Guide you through tax and asset distribution requirements

Working with a lawyer ensures compliance and helps protect you from personal liability during estate administration.

Common Mistakes to Avoid When Applying for Letters of Administration

Applying for letters of administration can be a complicated and emotionally charged process, especially while grieving the loss of a loved one. Avoiding these common mistakes can help you move through probate more efficiently and avoid legal delays:

1. Failing to Notify All Heirs and Interested Parties

Maryland law requires formal notice to all legal heirs, even if they are estranged or live out of state. Failing to properly notify these individuals can result in court delays or objections.

2. Submitting Incomplete or Incorrect Paperwork

Missing information on your petition—such as the wrong address, missing heirs, or an incomplete asset list—can result in the denial or delay of your application. Work with a probate attorney to ensure all forms are filled out correctly.

3. Not Keeping Proper Records

As an administrator, you are legally obligated to maintain accurate accounting of all estate assets, debts paid, and distributions. Without proper records, you may face legal liability or claims from heirs.

4. Misunderstanding Your Legal Duties

Many first-time administrators aren’t aware that they are acting in a fiduciary capacity, meaning they must always act in the best interests of the estate and its beneficiaries. Errors like favoritism or missed tax deadlines can lead to personal consequences.

5. Trying to Sell or Access Assets Too Soon

You may not have legal authority to transfer or sell property until your letters of administration have been officially granted. Attempting to do so early can result in legal disputes or reversed transactions.

FAQs

Can you get letters of administration if there is a will?

Yes, if the named executor is unable or unwilling to serve, the court may still issue letters of administration to an alternate personal representative.

How much does it cost to get letters of administration in Maryland?

The court filing fee is typically $100–$200, but total costs may vary depending on the estate’s size and whether legal help is needed.

What is the difference between letters of administration and letters testamentary?

• Letters of administration are issued when there is no valid will.

• Letters testamentary are issued when a valid will names an executor.

Contact Us

If you have been appointed administrator of an estate through letters of administration and aren’t sure where to start, contact Blackford & Flohr. Our Maryland probate lawyers can help you navigate the process and ensure the decedent’s assets are properly distributed and their estate is legally settled. Call (410) 647-6677 to speak with a lawyer today.