Choosing an Executor for Your Will in Maryland: A Practical How-To

Table of Contents

• Start With What an Executor Actually Does in Maryland
• Step 1: Confirm Who Is Eligible to Serve Under Maryland Law
• Step 2: Screen Candidates for Trustworthiness, Organization and Financial Skill
• Step 3: Weigh Family, Friends, Lawyers and Professional Fiduciaries
• Step 4: Plan for Fees, Bonds and Administration Costs
• Step 5: Name a Backup and Plan for the Executor Who Cannot or Will Not Serve
• Avoiding Common Executor Mistakes and Booking Your Will Review
• Frequently Asked Questions

Start With What an Executor Actually Does in Maryland

Last Updated: November 6, 2026

Choosing an executor for your will in Maryland is one of the most important decisions in estate planning. The executor, called a personal representative in Maryland courts, handles your estate after you die (Glossary of Terms). That includes collecting assets, paying debts and taxes, and distributing what is left to your beneficiaries. The Law Office of Thomas K. Mallon, LLC works with Maryland families on estate planning matters, and many of the problems that arise in estate administration start with a poor understanding of the role. You can find a local estate planning attorney in Towson to review your will.

An executor is the person named in a will to manage the estate and carry out the testator's wishes. The role is a fiduciary one, which means the executor must act honestly and in the best interests of the beneficiaries. Breaking that duty can lead to personal liability.

In Maryland, the executor's work usually includes:

• Filing the will with the Register of Wills in the county where you lived
• Taking an inventory of estate assets and identifying creditors
• Paying valid debts, funeral costs and taxes before distributing property
• Keeping clear records of every receipt and payment
• Distributing assets to heirs or beneficiaries as the will directs

Many people assume the job is mostly paperwork. In practice, it can take many months and involve family disagreements, creditor claims and court filings. See the step-by-step Maryland probate timeline to understand what the executor must do and when. Read the full guide to Maryland estate administration to see what the role covers from start to finish. A good choice here saves time, money and stress for the people you leave behind.

Step 1: Confirm Who Is Eligible to Serve Under Maryland Law

Before you pick a name, confirm that the person is legally qualified to serve. Maryland sets eligibility rules in the Estates and Trusts Article of the Maryland Code, and the Register of Wills in the county where you live will apply those rules when the will is filed.

Maryland sets eligibility requirements for a personal representative, and these must be confirmed against the current Estates and Trusts Article and with the Register of Wills, since the statutory criteria are not verified here.

Whether a nonresident can serve as personal representative, and what additional steps apply, depends on current Maryland law. Confirm the requirements with the Register of Wills or a Maryland estate attorney before finalizing the will.

Some institutions, such as a bank or trust company, and some attorneys may be able to serve as personal representative under Maryland law.

Some nominees raise eligibility questions, such as a minor, a pending criminal matter, a beneficiary with a potential conflict of interest, or a person whose citizenship or residency status is unclear. Each situation should be reviewed with the Register of Wills or a Maryland estate attorney before the will is signed.

Watch out: A will that names an ineligible executor can force the court to appoint someone you never chose, which can add delay and cost. Verify eligibility with the Register of Wills or a Maryland estate planning attorney before you sign.

If you want to compare candidates on eligibility and fit at the same time, use a short written scorecard. List each candidate's age, residency, citizenship or permanent-resident status, any criminal-history concerns, and willingness to serve.

Step 2: Screen Candidates for Trustworthiness, Organization and Financial Skill

Most people ask the same question first: who do I trust? That matters, but it is only the start. A strong executor is usually:

• Trustworthy: Will act honestly and avoid self-dealing
• Organized: Can track dates, documents and deadlines
• Financially capable: Comfortable reading account statements and keeping records
• Impartial: Can treat all beneficiaries fairly, even when relationships are strained

A common mistake is choosing the most emotionally close person without asking whether they can handle paperwork. A devoted adult child who has never balanced a checkbook may struggle with a probate estate.

Ask each candidate a few direct questions:

• Are you willing to serve, and do you have the time right now?
• Are you comfortable dealing with banks, the court and tax filings?
• Could you set aside personal feelings if beneficiaries disagree?

Step 3: Weigh Family, Friends, Lawyers and Professional Fiduciaries

You have four main options, and each has trade-offs.

Many families use a family member as executor and a lawyer or accountant as an advisor. This keeps decisions with a trusted person while getting professional help for technical tasks.

!A calm adult couple seated across from an estate planning attorney at a wood desk, reviewing a folder of documents together in a bright office

Consider how each option handles a bitter family dispute. A neutral professional often reduces friction, but a family member who knows the history may understand the decedent's real intentions.

Step 4: Plan for Fees, Bonds and Administration Costs

Serving as executor is not always free. Maryland law addresses executor compensation, and the amount is set through the estate process, so it is best to confirm current rules with the Register of Wills or an attorney. Because compensation is only one part of the commitment, consider the duties involved before accepting the role, a point also relevant to Upper Canada Wills.

Plan for these possible costs:

• Executor compensation, if you decide to offer it or the court allows it
• Court filing fees
• Attorney fees for guidance on probate
• A surety bond, which the court may require to protect the estate
• Appraisal, accounting and tax preparation costs

A surety bond is an insurance-like guarantee that the executor will perform the job honestly. Some wills waive the bond requirement, so review your document with an attorney to see what applies.

Watch out: naming an executor without discussing compensation can lead to disputes later, especially when the person is a family member doing unpaid work for months.

Step 5: Name a Backup and Plan for the Executor Who Cannot or Will Not Serve

Your first choice may die, move away, become ill, or simply decide not to serve. A nominated executor may be able to decline the appointment, and if no alternate is named, the court will need to appoint someone else. That process can be slower and less predictable than naming a backup in the will.

Name at least one alternate executor, and preferably two, in the will. Then confirm with each person that they understand the role and agree to serve. A short conversation now prevents confusion later, and it gives you a chance to explain the compensation, bond, and record-keeping expectations before anyone is appointed.

If the named executor cannot or will not serve, When no named executor can serve, Maryland courts decide who is appointed under the applicable statutory rules. Because these rules and the court's discretion can change, confirm the current order with the Register of Wills or a Maryland estate attorney.

A few practical steps reduce the risk of a gap in administration:

• Name two alternates. One backup is better than none, but two give the court more options if the first alternate also cannot serve.
• Ask each alternate to confirm in writing. A short signed note that they are willing to serve helps your attorney document intent.
• Explain the renunciation process. A nominated executor who does not want the job should file a renunciation with the Register of Wills promptly so the court can appoint the next person without delay.
• Consider a professional backup. If no family member or friend is willing, name a Maryland attorney or a corporate fiduciary as a final alternate. The cost is higher, but the estate avoids a court-appointed stranger.
• Review the choice every few years. A person who was willing five years ago may have moved, become ill, or changed their mind. Update the will when circumstances change.

Watch out: If no named executor can serve and no qualified alternate steps forward, the court may appoint someone you never chose, and that person may not know your family or your wishes. The estate may also face delays while the court sorts out who should serve.

A practical way to test your backup plan is to ask each candidate a direct question: "If the first-choice executor cannot serve, would you be willing to step in, and do you understand what the job involves?" Record the answers and share them with your attorney. That conversation, plus a written scorecard covering trust, availability, financial competence, impartiality, location, and complexity of the estate, gives you a documented, reasoned choice that holds up if the court has to review the appointment.

Avoiding Common Executor Mistakes and Booking Your Will Review

Several errors show up again and again in Maryland estates:

• Naming someone without asking if they agree to serve
• Choosing an executor who lives far away and cannot manage local tasks
• Failing to name a backup
• Ignoring financial skill and organization
• Leaving out instructions for compensation and bonds

Our approach at The Law Office of Thomas K. Mallon, LLC is client-centered: we listen first, then review your family situation, assets and goals. If you are ready to review your choice, we recommend scheduling a free consultation so we can check the details that matter most for your estate.

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