How to Choose an Executor for Your Maryland Estate (And Why It Matters)

When most people sit down to write a will, they spend the most time thinking about who gets what. The house, the savings account, the family heirlooms. What they spend far less time on — and often get wrong — is who will be in charge of making all of it actually happen.

That person is your executor. In Maryland, they are officially called your Personal Representative, and choosing the right one may be the single most consequential decision in your entire estate plan.

What Does an Executor Actually Do?

Before you can choose the right person, it helps to understand exactly what you are asking them to take on.

The Personal Representative is the person that settles up your affairs after death and handles the administration of your will. Importantly, the Personal Representative is NOT the person receiving property and assets of the estate. The Personal Representative is legally put in place — with fiduciary obligations — to manage a decedent’s assets on behalf of the estate, the heirs, and the beneficiaries. Tstahllaw

In practical terms, that means your executor will be responsible for:

• Filing your will with the Register of Wills in the county where you lived
• Petitioning the court to open your estate and obtain Letters of Administration
• Taking possession of and securing all estate assets
• Notifying creditors and beneficiaries
• Paying outstanding debts, taxes, and expenses from estate funds
• Filing your final income tax returns and any estate tax returns
• Inventorying and appraising all estate property
• Distributing remaining assets to your beneficiaries
• Filing a final accounting with the court

The personal representative must file an Inventory and Information Report within three months after opening the estate. The personal representative must secure the decedent’s assets, appraise or value each asset, and prepare a detailed inventory to file with the Register of Wills. Depending on the nature of the assets, the personal representative may need to retain a professional appraiser to value specific assets. Thienel Law

Within 20 days of appointment, the personal representative is required to file with the court a list of names and addresses of the beneficiaries named in the will and the decedent’s next-of-kin who would inherit in the absence of a will. Nashlegal

This is not a passive role. Depending on the size and complexity of your estate, serving as Personal Representative can take anywhere from several months to well over a year. It involves real deadlines, legal filings, financial decisions, and direct interaction with courts, creditors, and beneficiaries — often while grieving.

Who Can Legally Serve as an Executor in Maryland?

Maryland law sets specific eligibility requirements that your chosen executor must meet before the Register of Wills will appoint them.

In Maryland, the executor must be at least 18 years old and of sound mind. They cannot have been convicted of a serious crime. Maryland law also requires that the executor be a U.S. citizen or a permanent resident. Hartman

In Maryland, you can’t name an executor who has been convicted of a “serious crime” unless this person demonstrates a good reason to serve as executor. For example, someone who has been convicted of fraud, extortion, embezzlement, forgery, perjury, or theft would in most cases be ineligible to serve. Nolo

Maryland also has a slayer statute — a person who feloniously and intentionally kills someone is prohibited from being appointed executor of that person’s estate. Nolo

What if your executor lives out of state? This is a common situation — a trusted sibling or adult child who has moved away. It is not disqualifying, but it does create an additional requirement. In Maryland, a nonresident executor must appoint someone who lives in the state to act as a resident agent. Your executor’s in-state agent will accept legal papers on behalf of your estate. Nolo

For practical reasons, choosing someone local is still preferable whenever possible. Your Personal Representative may need to appear in person at the Register of Wills, manage physical property, and deal with local institutions — all of which become significantly more burdensome from out of state.

The Qualities That Actually Matter

Meeting the legal requirements is just the baseline. The qualities that make someone a truly effective Personal Representative go well beyond eligibility.

Trustworthiness

Your executor will have complete access to your financial accounts, personal records, and estate assets. They will be making decisions that directly affect your beneficiaries’ inheritance. Whether you’re considering a family member, close friend, or professional institution, the person or entity you select should be utterly trustworthy and uphold the highest standards of integrity. They’ll be handling your assets and possibly making significant financial decisions. Chesapeakewillsandtrusts

Organizational Ability

The Maryland probate process involves multiple deadlines, forms, and filings — all of which must be completed accurately and on time. Personal representatives should calendar all notice, inventory, accounting, and tax deadlines the day they are appointed. They must document decisions and keep receipts, statements, and beneficiary communications. A disorganized executor can cause delays, missed filings, and real financial harm to your estate. Hatcher Legal, PLLC

Emotional Stability and Impartiality

Serving as an executor often means managing family members who are grieving, disagreeing, and under financial stress — sometimes all at once. Your executor may be asked to make decisions that disappoint or upset people they love. They need to be able to hold the line on what your will actually says, even under pressure.

Financial Literacy

Your executor does not need to be an accountant, but they should be comfortable handling financial documents, reading bank statements, and understanding basic tax concepts. They will need to manage an estate account, pay bills on time, and ensure the correct taxes are filed.

Availability

This is underestimated more than almost any other factor. Administering an estate is not a weekend project. It requires sustained attention over months, sometimes longer. Before naming someone, honestly assess whether they have the time and bandwidth to take this on — especially if they work full time, have young children, or have their own health concerns.

Common Mistakes People Make When Choosing an Executor

Choosing the oldest child out of tradition

Naming a firstborn child is a deeply ingrained cultural habit. But birth order has nothing to do with organizational ability, financial literacy, or temperament. The best executor for your estate is the most capable and available person — not necessarily the eldest.

Choosing someone who is also a major beneficiary without thinking through the conflict

There is nothing legally wrong with naming a beneficiary as your executor — it is actually quite common. But if your estate has the potential for disputes among heirs, putting a major beneficiary in charge of administration can create real or perceived conflicts of interest that poison family relationships and invite legal challenges.

Not naming an alternate

Life changes. The person you name today may predecease you, become incapacitated, or simply be unwilling to serve when the time comes. Always name a backup. In the will, you will name your chosen executor and, if desired, an alternate executor who can step in if the primary executor is unable or unwilling to serve. Hartman

Naming someone without asking them first

It is a good practice to discuss your choice with the person you wish to appoint to ensure they are willing to take on the responsibility. This conversation can help clarify any questions they might have about their role and provide them with an understanding of your wishes. Discovering you have been named executor for the first time after someone has already died is a jarring experience — and some people will decline. Have the conversation now. Hartman

Never updating your choice

The person who was perfect for the role ten years ago may no longer be. Circumstances change — health, geography, relationships, financial stability. Review your executor designation every few years and after any major life event.

Can You Name Co-Executors?

Yes. Maryland law permits the appointment of co-executors, which can be beneficial if you have multiple individuals you trust and who can share the responsibilities. However, co-executors must work together and agree on all decisions, which can sometimes lead to complications if there are disagreements. Hartman

Co-executors work well when the two people are closely aligned, communicate well, and have complementary skills — for example, one who is financially savvy and one who is closer to the family. They work poorly when there is already tension between them or when they live in different states and will struggle to coordinate.

If you are considering co-executors specifically to avoid hurting anyone’s feelings, think carefully. A fractious co-administration can cause far more damage to family relationships than simply choosing one person and explaining your reasoning.

Should You Name a Professional as Your Executor?

For most estates, a trusted family member or close friend is the right choice. But there are circumstances where naming a professional — an attorney, a CPA, or a bank trust department — makes genuine sense.

Consider a professional executor if:

• Your estate is large or complex, with business interests, investment portfolios, or property in multiple states
• There is significant conflict among your beneficiaries and you want a neutral administrator
• You do not have a family member or close friend who is capable, available, or willing to serve
• You are concerned that a family member executor will be subjected to undue pressure

Maryland statutes permit you to name a corporation, such as a savings bank or trust company, as your executor. But think carefully before appointing a corporation. It’s almost always best to name an individual — consider an institution only if you don’t know anyone you trust enough to serve, or your estate is very large and complex. Nolo

Professional executors charge fees, typically a percentage of the estate’s value. That cost must be weighed against the peace of mind and expertise they bring, particularly for estates where a family member would likely need to hire an attorney anyway.

What Happens If You Die Without Naming an Executor?

If you die without a valid will — or if your named executor cannot or will not serve and you have no alternate — Maryland law determines who steps in.

Without a will, the law sets a specific pecking order starting with the surviving spouse. Either way, the person must file a formal petition, meet eligibility requirements, and receive court-issued letters before they have any legal authority over the estate. LegalClarity

The priority order under Maryland law generally runs: surviving spouse, children, other relatives, creditors, and finally any other person the court deems appropriate. The court does not know your family dynamics, your relationships, or your wishes. The person who ends up in charge may not be the person you would have chosen — and they will be distributing your assets according to Maryland’s intestacy laws, not according to any plan you had.

This is exactly why naming your own executor in a properly drafted will matters so much.

Frequently Asked Questions

What is the difference between an executor and a Personal Representative in Maryland?

They are the same role. Most states use the term executor. Maryland uses the term Personal Representative. If you encounter either term in an estate planning context, they refer to the same function — the person appointed to administer your estate after your death.

Does a Maryland executor get paid?

Yes, Personal Representatives in Maryland are entitled to reasonable compensation for their work. Executors may receive reasonable compensation or be reimbursed for out-of-pocket expenses, depending on the size of the estate and state law. In Maryland, compensation often requires court approval or alignment with the will’s terms. Many family members who serve as executor choose to waive compensation, but it is always available. Bridgelegal

Can an executor also be a beneficiary?

Yes. It is extremely common for the same person to serve both roles — a surviving spouse, for example, is often both the primary beneficiary and the Personal Representative. There is no legal prohibition, though it is worth considering whether this arrangement could create tension with other beneficiaries.

What happens if the executor makes a mistake?

Personal Representatives have fiduciary duties to the estate and its beneficiaries. A poor fit can bring delays, confusion, and hard feelings within the family. Assets can be put at risk if bills are ignored or paperwork sits in a drawer. When deadlines slip, tax penalties and interest often follow. Problems can include financial mistakes, unpaid creditors, missed court filings, and lawsuits between heirs. In serious cases of mismanagement, an executor can face personal liability. This is one of the strongest arguments for choosing carefully — and for having an experienced estate attorney guide the process. Powers & Worshtil

Can an executor be removed?

Yes. Maryland courts can remove a Personal Representative who is not fulfilling their duties, who has a disqualifying conflict of interest, or who is mismanaging estate assets. Beneficiaries can petition the Orphans’ Court to seek removal. This process is disruptive and expensive, which is again why the initial choice matters so much.

Does my executor need to hire a lawyer?

They are not legally required to, but for most estates it is strongly advisable. Maryland’s probate process involves specific forms, deadlines, and court filings that are easy to get wrong. The cost of an estate attorney is typically paid from the estate itself, not out of pocket by the executor.

Ready to Choose the Right Executor for Your Maryland Estate?

Choosing your Personal Representative is not a formality. It is one of the most important decisions in your entire estate plan — and one that deserves a real conversation with an experienced Maryland estate planning attorney.

At the Law Offices of David N. Mabrey, we help families across Maryland put the right plans in place, including making sure the right person is named to carry those plans out. We work with clients at two convenient locations.

Chestertown Office 107 Court St, Chestertown, MD 21620 📞 410-778-1630

Pasadena Office 8611 Fort Smallwood Rd C, Pasadena, MD 21122 📞 443-702-7708 🚨 Emergency/New Accident: 443-848-2878

Contact us online here to schedule a consultation. We are ready to help you protect your family and your legacy.