How to Force an Executor to Settle an Estate in Maryland

By Jennifer Williams

It may be necessary to force an executor to settle an estate if he fails to perform any portion of the probate process. If the will of a Maryland decedent (deceased individual) is not presented to the Maryland Register of Wills or Maryland Orphans' Court by the named executor, Maryland probate law allows anyone with a legal interest in the will to petition the Maryland Orphans' Court to initiate probate. Any interested person may also petition the court to resolve any question or dispute about the probate process along the way.

Step 1

File the will with the Maryland Orphans' Court along with a petition to initiate probate. If the executor named in the will, also known as the personal representative, fails to present the will to the court, any person with a legal interest in the will may do it. This petition begins the probate process by allowing the court to either appoint an executor or administrator to oversee continuation of the probate process. Alternatively, the court may order the individual named as executor in the will to provide an accounting of his activities and either step down or fulfill the duties of the office. The required content of the petition may differ depending on the size of the estate. Form petitions are available from the Maryland Register of Wills.

Step 2

Contact the executor with questions concerning the progress of probate. Alternatively, petition the Maryland Orphans' Court to resolve any question or dispute arising during the probate process. If the appointed executor stalls during the process of settling the estate, petition the Orphans' Court for an order requiring the executor to account for his actions. Ask the court to compel him to proceed with probate or ask for the executor to be removed and a substitute appointed.

File a DBA for your business online. Get Started Now

Step 3

Receive the Orphans' Court's order compelling the executor to answer for any stalling in the probate process. The court often orders an accounting of the executor's actions up to that date and requires the executor explain why the probate process has stalled. The executor files an answer, after which all interested parties are notified of a hearing date. Anyone with a legal interest in the will has a right to attend.

File a DBA for your business online. Get Started Now
Arkansas Will and Testament Filing


Related articles

Duties of the Executor of a Will in Texas

Wills often nominate an executor to administer the deceased’s estate after he dies. Once officially appointed by a Texas court, the executor must gather the assets of the deceased, notify his creditors and pay his debts and taxes. After all this is done, the executor distributes the deceased’s remaining assets to those entitled to receive them under the terms of the will.

Contesting a Will in an Illinois Probate Court

A person who is at least 18 and mentally competent may make a will in Illinois. When the will is filed in court to start probate -- the legal procedure used to settle an estate -- a person with an interest in the estate has the right to challenge the will by filing a contest. A person with an interest in an estate can include heirs, people that the deceased person, also known as the decedent, named as beneficiaries in the will and the decedent's creditors.

How to Probate a Will in Maine

Maine offers two types of probate filings: informal and formal. You may file for informal probate if there is nothing in dispute such as the will's validity; informal probate doesn't involve a judge or hearings before the probate court. Formal probate is reserved for disputed cases and involves a judge and hearings. In most cases, informal probate will suffice. If for some reason, formal probate becomes necessary, it can commence after informal probate.


Related articles

What Is a Petition to Probate a Will?

The word "probate" describes the legal process by which a will is found to be valid or invalid, as well as the process ...

How to Force an Executor to Execute a Will in Oklahoma

Oklahoma law requires anyone in possession of a will, such as the named executor, to present it to the court within 30 ...

How to Probate a Will in Kentucky

Probate in Kentucky is handled by the district court responsible for the county where the person died. Probate is the ...

What to Do With a Will After a Person Dies in Maryland Probate

Probate in Maryland is handled by the Maryland Orphans' Court, which has jurisdiction to decide what property belongs ...

Browse by category
Ready to Begin? GET STARTED