What Does a Personal Representative Actually Do?

If you have been named Personal Representative of an estate in Maryland, you might be wondering: "What exactly am I supposed to do?" The role carries significant legal responsibilities, and understanding the full scope of duties helps you avoid mistakes and protect the estate.

What Is a Personal Representative?

A Personal Representative is the person appointed by the court to manage and settle a deceased person's estate. In Maryland, this role is also called an executor (if named in a will) or an administrator (if appointed by the court when there is no will). The Personal Representative has legal authority to act on behalf of the estate, but that authority comes with fiduciary duties that must be followed carefully.

The Core Responsibilities

Filing the Will and Petitioning the Court. The first step is filing the will with the Register of Wills and petitioning the court for appointment. Once approved, you receive Letters of Administration or Letters Testamentary, which grant you legal authority to act.

Notifying Heirs and Beneficiaries. All heirs and beneficiaries must be notified of the probate proceedings and your appointment as Personal Representative.

Notifying Creditors. Maryland law requires publishing notice to creditors, giving them an opportunity to file claims against the estate. The creditor claim period typically runs six months.

Collecting and Inventorying Assets. You must identify, collect, and inventory all estate assets, including real estate, bank accounts, investments, personal property, and anything else the deceased owned. This inventory must be filed with the court.

Obtaining Property Values. Every asset must be valued, typically as of the date of death. For real estate, this usually means getting a professional appraisal or market analysis.

Managing Estate Property. Until the estate is settled, you are responsible for maintaining and protecting all assets. For real estate, this means keeping insurance active, paying mortgage payments, handling maintenance, and ensuring the property does not deteriorate.

Paying Valid Debts and Expenses. You must verify creditor claims, pay valid debts, and cover estate expenses like funeral costs, medical bills, and administrative fees.

Filing Tax Returns. The estate may need to file final income tax returns, estate tax returns, and other required filings. Working with a CPA is essential.

Distributing Remaining Assets. Once all debts, taxes, and expenses are paid, you distribute the remaining assets to heirs according to the will or Maryland law.

Preparing a Final Accounting. You must provide a final accounting to the court showing all income, expenses, and distributions. Once approved, the court issues a discharge order closing the estate.

The Fiduciary Duty

As Personal Representative, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This 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 You Should Not Do Alone

The role is complex, and most Personal Representatives work with a team: a probate attorney for legal guidance, a CPA for tax matters, a probate-specialized real estate agent for property sales, and contractors for any needed repairs. Having the right professionals around you protects both you and the estate.

Frequently Asked Questions

How long does the Personal Representative serve?

Until the estate is fully settled and the court issues a discharge order, typically 6 to 18 months.

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?

It depends on the will and the type of authority granted. Some sales require court approval, others do not.

We Are Here to Help

Being named Personal Representative is a serious responsibility. You do not have to figure it all out alone. Our team helps Maryland Personal Representatives navigate every step of the process, from property valuation to closing.

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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.