Who Can Serve as a Personal Representative in Maryland?

 Posted on June 22, 2025 in Estate Planning

The role of a personal representative is not available to just anyone in Maryland, but the law allows for a range of qualified individuals to serve. Whether you are writing a will or dealing with any other element of estate planning, understanding who may legally serve as a personal representative is essential to the process. A knowledgeable Silver Spring, MD estate planning attorney can help you choose a personal representative with confidence and avoid common issues.

Who Is Legally Eligible To Serve as a Personal Representative Under Maryland Law?

Under Maryland Code, Estates and Trusts § 5-105, any person who is at least 18 years old, of sound mind, and not disqualified by statute can serve as a personal representative. When a person dies intestate, meaning without a last will and testament, or does not name a personal representative in their will, the court will appoint one. 

The order of priority typically looks like a surviving spouse, an adult child, other heirs, or someone nominated by a majority of interested persons. A creditor is a possibility when no one else is available. A person may be disqualified if they have been convicted of a felony or do not live in the country permanently. Conflicts of interest or a history of dishonesty or fraud would also make someone a bad choice.

Can Someone Out-of-State Serve as a Personal Representative in Maryland?

As of June 2025, Maryland law does not require a personal representative to be a state resident. However, if the individual lives in another state, they will need to appoint a resident agent to accept legal documents on their behalf by completing an Appointment of Resident Agent form. If you want to name a corporate fiduciary, such as a bank or other company, as a personal representative, the entity must be licensed to conduct trust business in Maryland. 

Think carefully about your choice before you officially designate a personal representative. Do they display the ability to manage responsibilities and work well with family members? Are you confident that they could handle the probate process? A well-chosen representative can reduce conflict and alleviate stress for your loved ones.

What Is a Personal Representative’s Role in Probate?

In Maryland, a personal representative manages the deceased person’s estate during probate, a court-supervised legal process for administering the estate that involves validating the will, paying debts, and distributing property. The role of a personal representative is to ensure that the estate’s assets are properly handled. They have a duty to act in the estate’s best interests and must follow strict legal guidelines. Their responsibilities include:

• Finding and securing assets

• Publishing notice to creditors and paying valid claims

• Filing final income and estate tax returns

• Distributing remaining assets to heirs or beneficiaries

• Maintaining accurate records and court filings

Maryland Code §7–101 further details the duties and requirements of a personal representative. Because mistakes could result in probate delays or lead to legal liability, personal representatives should work with an experienced attorney.

Talk to Our Experienced Silver Spring, MD Estate Planning Attorney Today

If you are planning your estate or need help administering someone else’s estate, the Chevy Chase, MD estate planning lawyer at The Eleff Law Group can help. The legal and personal implications of crafting an estate plan, choosing a personal representative, and managing probate are vast. Let me help you protect what matters. Call 301-857-1990 to schedule a free consultation today.