Legal Question in Wills and Trusts in Maryland

My brother and I listed as Co-representatives in our father's will. The register of wills office told by brother that one person will be appointed to handle the estate. I feel that it should be both of us not just one person. Is this correct that only one person will be appointed?

Asked on 6/23/19, 3:02 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Maryland law allows more than one Personal Representative to serve.

This is addressed in Md Ann Code, Estates & Trusts article, section 5-106(a). That statute reads:

"(a) In general. -- When there are several eligible persons in a class entitled to letters, the court or register may grant letters to one of them, or to more than one of them, as necessary or convenient for the proper administration of the estate. However, subject to ยง 5-105 of this subtitle, all personal representatives named in the will or nominated in accordance with a power conferred in the will are entitled to probate."

5-105 restricts certain people from serving as Personal Representative (if for example the person seeking appointment has been convicted of a serious crime or felony they might be excluded from serving). Otherwise, if there is no reason to exclude, both Co-Personal Representatives can join in the petition together and seek joint appointment.

While not legal advice, I hope that this general information helps.

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Answered on 6/24/19, 6:20 pm

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