Executor’s Checklist for Maryland Probate

Serving as an executor—or as Maryland law calls it, the Personal Representative (PR)—is a position of great trust. You are now responsible for administering a loved one’s estate, ensuring that all legal, financial, and practical obligations are met. The job can be both emotional and complex. But with structure, patience, and awareness of Maryland’s probate system, you can handle it confidently and efficiently.

Probate in Maryland is supervised by the Register of Wills and the Orphans’ Court. These offices ensure that the decedent’s will is followed and that heirs receive their proper shares after debts and taxes are settled. The PR must act as a fiduciary, always acting in the estate’s best interest—not their own. Every transaction must be documented. Every expenditure must be traceable. Transparency isn’t optional; it’s legally required.

The executor’s duties generally include:

Collecting and safeguarding assets
Maintaining property, insurance, and utilities
Paying valid debts and filing required tax returns
Filing inventories and final accounts with the court
Distributing remaining assets to heirs or legatees

In Maryland, estates are divided into small (under $50,000, or $100,000 if the spouse is sole heir) and regular estates. The PR must file the Petition for Administration with the Register of Wills and receive Letters of Administration before taking any action.

The process can feel overwhelming, but with proper guidance, executors can avoid common pitfalls such as missed deadlines, improper asset transfers, or communication breakdowns. This guide provides a clear, step-by-step overview—from document collection to property sale—designed to simplify your path as a Maryland executor.

For broader guidance, visit Sell an Inherited House in Maryland.

Step 1: Gathering Essential Documents

The first step to successful probate management is organization. Properly gathering and securing critical documents will make every subsequent stage faster and smoother.

Documents to Collect Immediately:

Certified Death Certificates: Obtain at least 8–10 copies from the Maryland Department of Health. Each financial institution, insurance company, and government office may require one.
Original Will and Codicils: File these with the Register of Wills within 20 days of death.
Letters of Administration: Issued by the Orphans’ Court once the PR is approved.
Deeds, Titles, and Financial Accounts: Collect all property deeds, car titles, bank statements, and investment accounts.
Tax Returns: Retain at least three years of filings to prepare the estate’s returns.
Insurance Policies: Include homeowners, life, and automobile coverage.
Debts and Obligations: Identify credit cards, medical bills, and loans.

Create both physical and digital copies. Use folders labeled by category (property, banking, taxes) and cloud storage for easy access.

Digital Assets

Under Maryland’s Fiduciary Access to Digital Assets Act, the executor may access the decedent’s online accounts, cryptocurrency wallets, or subscription services once properly authorized. Be sure to request credentials or password manager access early in the process.

External Resource: For downloadable templates and probate forms, visit the Maryland Register of Wills Forms Page and AARP Executor Checklist.

Step 2: Securing Property, Title, and Insurance

Real property often represents the estate’s most valuable asset—and biggest liability. From the moment of appointment, the executor must secure the home and verify ownership, liens, and insurance coverage.

Immediate Actions:

Change locks and update security systems.
Notify neighbors or the HOA about vacancy.
Inspect the property weekly or hire a professional.
Document condition with photos for insurance and accounting records.

Title Verification:

Search the Maryland SDAT Real Property Database to confirm ownership and check for liens, mortgages, or unpaid taxes. If title defects exist, work with a local title company to resolve them before listing or transferring ownership.

Insurance Adjustments:

Notify the insurer immediately of the owner’s passing. Standard homeowner policies may lapse or restrict coverage for vacant homes. Request a vacant dwelling endorsement or estate-specific policy. Keep premiums paid through the estate account.

External Resource: Learn about coverage requirements from the National Association of Insurance Commissioners.

For PRs considering a faster sale of inherited property, visit Sell Your House As-Is in Maryland.

Step 3: Managing Utilities and Maintenance

Executors must maintain the home’s basic services to prevent damage or fines. Neglecting utilities is one of the most common and costly mistakes in probate.

Essential Utilities Checklist:

Electricity: Prevents damage to appliances and lighting.
Water/Sewer: Prevents mold and plumbing issues.
Gas/Heat: Protects from burst pipes during winter.
Trash Removal: Avoids code violations.
Internet/Phone: Supports security systems or remote access.

Property Maintenance Tips:

Mow lawns, clear snow, and maintain curb appeal.
Schedule quarterly HVAC and pest inspections.
Keep maintenance logs for expense documentation.

In Maryland, local governments can fine estates for neglected properties, particularly in Montgomery and Prince George’s Counties. Staying proactive saves the estate time and money.

External Resource: Review HUD’s Property Preservation Standards for guidance on minimal maintenance expectations.

Step 4: Estate Clean-Out and Asset Inventory

Cleaning out a loved one’s property is often the hardest step emotionally—but it’s critical for estate management and sale preparation.

Organize Before You Discard:

Create a Written Inventory: Photograph and describe all valuable items.
Separate Sentimental and Financial Assets: Communicate with heirs early to prevent disputes.
Use Appraisers: Hire specialists for jewelry, art, or antiques.
Donate or Sell Unneeded Items: Keep receipts for tax deductions.
Dispose Properly: Follow Maryland environmental rules for electronics or chemicals.

Hiring professional clean-out services can save weeks of labor and help you meet court deadlines. The faster you prepare the property, the sooner it can be sold or transferred.

External Resource: Learn about charitable donation rules in IRS Publication 561 – Determining the Value of Donated Property.

Step 5: Managing Debts, Taxes, and Accounting

Executors are responsible for ensuring all taxes and debts are paid before distributing assets. Maryland’s probate timeline requires specific filings and strict adherence to deadlines.

Required Filings:

Inventory (RW1136): Lists estate assets, filed within 3 months.
Information Report (RW1103): Lists jointly owned or non-probate assets.
Final Account (RW1120): Summarizes all receipts and disbursements.

Open an estate checking account and use it exclusively for estate transactions. Never mix personal and estate funds.

Tax Obligations:

Federal Estate Tax: Applies to estates over $13.61 million (2024 threshold).
Maryland Estate Tax: Applies to estates over $5 million.
Inheritance Tax: 10% on transfers to non-lineal heirs.

Consult a CPA experienced in estate law to file accurate returns and minimize risk.

External Resource: Review Maryland’s guidance via the Comptroller of Maryland – Estate and Inheritance Tax.

Step 6: Selling or Transferring Estate Property

When the estate includes real property, the executor may need to sell it to pay debts or divide proceeds among heirs. The first step is confirming whether the will grants power of sale.

If no power is granted, you must petition the Orphans’ Court for authorization. Once approved, the sale can proceed.

Why Many PRs Choose Cash Buyers:

Selling a house traditionally requires repairs, showings, and months of waiting. Cash buyers like Simple Homebuyers purchase homes as-is, manage clean-outs, and handle title coordination—often closing within weeks.

Steps to a Compliant Sale:

Obtain Letters of Administration.
Order a market analysis or appraisal.
Secure at least one written offer.
File court petition if required.
Close and deposit proceeds in the estate account.

Internal Links:

External Resource: Learn deed requirements via the Maryland Land Records Portal (MDLandRec).

Step 7: Communication, Reporting, and Deadlines

Consistent communication keeps heirs cooperative and the court satisfied. Executors must send notices of probate, creditor deadlines, and asset distributions promptly.

Best Practices:

Send written updates to heirs at least quarterly.
Use cloud-based folders to share court filings and receipts.
Keep contact with the Register of Wills office for guidance.

Late or missing reports can cause hearings or even executor replacement. File the final account only when all taxes, debts, and distributions are verified.

External Resource: Visit Maryland Courts ADR for mediation programs that help resolve heir disputes without litigation.

Executor’s Master Checklist (HTML Table Style)

Stage	Task	Resource/Notes
Appointment	File will, obtain Letters of Administration	Register of Wills
Property	Secure home, verify title, update insurance	SDAT, insurer notification
Utilities	Maintain electricity, heat, and water	Local providers
Clean-Out	Document, donate, and dispose of items	IRS Publication 561
Accounting	File Inventory, Information Report	Register of Wills Forms
Debts/Taxes	File tax returns, pay creditors	Comptroller of Maryland, IRS 559
Sale	Verify authority, coordinate sale	Simple Homebuyers, MDLandRec
Closure	File Final Account, obtain discharge	Orphans’ Court

Common Mistakes and How to Avoid Them

Even well-meaning executors can run into trouble if they underestimate deadlines or documentation. Here are the most common missteps:

Failing to File on Time: Every stage—inventory, accounting, taxes—has deadlines. Missing them can lead to penalties.
Mixing Personal and Estate Funds: Always use an estate account.
Selling Property Too Soon: Wait for official Letters of Administration.
Ignoring Heirs: Keep communication transparent.
Neglecting Insurance: One lapse can cost tens of thousands in damages.

To prevent these mistakes, maintain a written calendar with reminders for filings and meetings. Stay proactive, and don’t hesitate to seek help when something feels unclear.

External Resource: Read the Maryland Attorney General – Estate and Trusts Guide for legal tips.

Advanced Maryland Executor Playbook: Timing, Workflows, and Real-World Tactics

Why timing matters: Maryland probate is a sequence of statutory windows layered over practical realities (vendor schedules, insurer rules, market seasonality). A PR who maps these windows wins back months—and thousands in carrying costs. Start with a 12‑month master calendar and backward‑plan each filing, inspection, and sale milestone.

90‑Day Sprint (Day 1–90):

Open the estate, order death certificates, and secure the residence.
Notify the insurer of vacancy; obtain an endorsement or estate policy.
Stabilize utilities, set thermostats, and schedule lawn/snow service.
Begin the home inventory and photograph contents room by room.
Open title with a local company; request lien/judgment searches and HOA estoppel if applicable.
Prepare your Inventory (RW1136) draft; collect statements for cash/brokerage values.

Claims Window (Day 1–180):

Publish Notice to Creditors as directed by the Register of Wills.
Track claims in a spreadsheet: creditor, amount, status, resolution.
If a home sale is planned, obtain 2 routes: MLS as‑is estimate and an as‑is cash offer with flexible court‑approval language. Compare nets monthly.

Close‑Out Phase (Day 181–365):

File your Final Account (RW1120) only after taxes, liens, and claims are cleared.
Maintain clean documentation—ALTA/CD from closing, contractor invoices, insurance binder, and bank statements for the estate account.
Circulate a plain‑English summary to heirs before filing to reduce objections.

Workflow discipline: Use a single cloud folder with subfolders for Court Filings, Banking, Title, Insurance, Utilities, Vendors, Offers, Taxes. Name files YYYY‑MM‑DD_documentpurpose.pdf. That alone prevents most “missing receipt” delays.

When pace beats price: If the home is vacant, needs systems work, or risks code citations, timing often matters more than squeezing the last 1–2% of price. Quantify monthly burn (taxes, insurance, HOA, lawn, minimal utilities). Many estates discover that a 30‑day as‑is close outperforms a 120‑day retail path once carrying cost and repair risk are priced. For context on as‑is scenarios and statewide timing, see Sell Your House As‑Is in Maryland.

Walkthrough: Filling the Big Three Probate Forms (RW1136, RW1103, RW1120)

Inventory (RW1136): This is your snapshot of probate assets as of the date of death. Common categories:

Real property: Use assessed value or appraisal; note address and parcel ID.
Bank/brokerage: Statement balances closest to the date of death.
Vehicles: Year/make/VIN and valuation method (e.g., NADA).
Personal property: Group ordinary household goods; itemize high‑value items.

Tips:

Attach supporting statements; the Register of Wills loves clearly labeled exhibits.
For jointly‑held assets that pass outside probate, don’t list here; they go on RW1103.

Information Report (RW1103): Captures non‑probate assets—joint accounts with survivorship, transfer‑on‑death (TOD) accounts, life insurance payable to beneficiaries, and certain trusts. Purpose: transparency for the court and tax tracking.

Common mistake: Double‑counting jointly held accounts on both RW1136 and RW1103. Keep a clean separation.

Final Account (RW1120): Your narrative of the estate’s financial life: money in, money out, distributions made, and what remains. Structure it like a bank reconciliation:

Receipts: Sale proceeds, dividends, refunds.
Disbursements: Utilities, insurance, taxes, allowed fees, clean‑out, commissions (if any).
Distributions: Amounts to heirs per will or intestacy.

Packaging for approval:

Include the closing disclosure/ALTA, payoff letters, proof of insurance, and tax receipts.
Add a one‑page cover memo summarizing the PR’s process and logic; it preempts questions and speeds sign‑off.

For plain‑language help on these filings, the Maryland People’s Law Library has step guides, and the official forms live at the Register of Wills Forms Page.

Net Proceeds Math: MLS As‑Is vs. Light Rehab vs. Direct As‑Is

Scenario: Single‑family home in suburban Maryland. As‑is value ~$360,000. Needs roof tune‑up, HVAC near end‑of‑life, kitchen dated. Monthly carrying cost: $1,150 (tax/insurance/HOA/utilities/lawn).

Option A – MLS As‑Is

List price $359,900; contract $352,000 after inspection credit.
Buyer financing adds lender repair requests (~$4,000) and 45–60 days to close.
Costs: 6% commission ($21,120), seller taxes/title/fees ($3,800), repairs ($4,000), carrying 2 months ($2,300) → Net ≈ $320,780.

Option B – Light Rehab & List

Scope: paint, floors, minor bath, appliances = $28,000; time 8 weeks.
New contract $399,000; costs: commission ($23,940), fees ($4,100), rehab ($28,000), contingency 15% ($4,200), carrying 3 months ($3,450) → Net ≈ $335,310—but with construction risk.

Option C – Direct As‑Is Cash

Offer $336,000; no repairs; clean‑out included; 21‑ to 30‑day close; estate pays normal title fees only.
Costs: fees ($2,900), carrying 1 month ($1,150) → Net ≈ $331,950 with near‑zero risk and speed.

Interpretation: Rehab looks best on paper, but PR time, court calendars, contractor risk, and the claims window can flip the math. Direct as‑is competes closely once time and certainty are priced. Use this same template for your estate: insert three offers (or a net from an agent + as‑is buyer), plug in realistic months of carry, and agree—in writing—on a decision date among heirs.

If your property is in Silver Spring or nearby, local demand patterns and permitting cadence matter. For neighborhood‑level timing and buyer behavior, see Sell House Fast in Silver Spring.

Communications Toolkit: Templates That Prevent Heir Disputes

Monthly Update Email (sample)

Subject: Estate of [Decedent] – Monthly Update & Next Steps
Hi everyone—quick summary for [Month]:
• Estate account balance: $____
• Expenses paid: utilities $, insurance $; pending: $__
• Property status: title opened; insurance endorsed; two offers collected
• Upcoming deadlines: Inventory due [date]; claims period ends [date]
• Decision requests: choose sale route by [date] based on attached net sheet
Thanks for replying with questions by [date]. – [PR]

Offer Comparison Memo (one‑pager)

Property address and condition snapshot
Three routes (MLS as‑is / light rehab / direct as‑is) with side‑by‑side nets
Risks, timeframes, and court approvals needed
Recommendation + rationale tied to carrying costs and claims window

Court‑Approval Clause (sample – confirm with counsel)

“This Agreement is contingent upon approval by the Orphans’ Court of [County], Maryland, or written confirmation of Personal Representative’s power of sale. Settlement shall occur within ____ days after entry of the court’s order or confirmation.”

Heir Acknowledgment of Process

“I acknowledge receipt of the PR’s monthly updates, net‑sheet comparisons, and understand that sale proceeds will be deposited into the estate account for distribution per the will or Maryland law.”

These lightweight documents turn emotion into process. Judges appreciate PRs who demonstrate reasoned, transparent decision‑making.

Risk, Liability, and Compliance: Protecting Yourself as PR

A Personal Representative who acts reasonably, documents decisions, and obeys deadlines is well‑protected. Issues arise when PRs commingle funds, ignore insurance, or distribute assets before taxes/claims are resolved.

Guardrails:

No commingling. Use an estate account only; keep clean ledgers.
Document authority. Keep Letters of Administration and, if relevant, power‑of‑sale pages with you.
Insurance continuity. Don’t allow coverage gaps—vacant homes are high risk.
Tax first, then distribute. Holdbacks beat clawbacks. Ask your CPA about reasonable reserves.
Vendor diligence. Get written scopes/bids; avoid cash jobs; retain W‑9s for paid vendors.

If conflict escalates, consider mediation before litigation. The Maryland Courts ADR Office offers resources that often resolve deadlocks faster than petitions. For consumer‑facing fiduciary guidance (helpful for lay PRs), see the CFPB’s “Managing Someone Else’s Money” guides.

Out‑of‑State Heirs & Remote PRs: Logistics That Actually Work

Modern estates are cross‑state by default: heirs in different time zones, assets in multiple counties, and vendors working hybrid hours. A remote PR can still run a tight ship with:

e‑Notary & remote notarization where permitted; verify local rules ahead of filings.
Shared drives with read‑only folders for heirs and an edits‑only area for the PR.
Local “boots on the ground”—a handyman or property manager for weekly checks and lock changes.
Centralized email alias (e.g., estate.lastname@gmail.com) to keep all correspondence in one searchable inbox.

Pair these with a local title company and a buyer comfortable with court approvals, and distance stops being a barrier. If timing is critical, line up a backup as‑is offer in case your retail buyer falters during underwriting.

Frequently Asked Questions

Do I need court approval to sell the house?
If your Letters plus the will’s power‑of‑sale language are sufficient, often no additional order is required. If the will is silent, your attorney may advise a petition. Either way, transparent notice to interested persons reduces objections.

Can I accept a financed buyer?
Yes, but budget time for appraisal and lender repairs. Keep a cash backup. Make sure any contract acknowledges estate status and, if needed, court approval.

What about capital gains and basis?
Most inherited property receives a step‑up in basis to date‑of‑death value. If sold near that value, taxable gain may be minimal. Confirm with your CPA; see the IRS overview in Publication 559.

We found mold/water/fire damage. Must we repair?
Not necessarily. Price and disclose, or sell as‑is to a buyer who includes clean‑out. Use HUD’s preservation guidelines to keep the home safe until transfer.

One heir refuses to cooperate. What now?
Try structured updates and mediation. If deadlock persists, legal options include buyouts or, as a last resort, partition actions. Weigh the costs carefully; the process is slow and public.

How fast can a direct as‑is sale close?
Commonly 14–30 days after authority is clear and title is ready—aligned with court approval timelines where required.

Can I reimburse myself for estate expenses?
Yes, with receipts and documentation. Seek approval within your Final Account; never self‑pay without a paper trail.

What if I discover new assets late?
Amend your inventory and inform the Register of Wills. Better to supplement proactively than to fix errors during the final account review.

Maryland‑Specific Resource Hub

Register of Wills – Forms & Instructions: https://registers.maryland.gov/main/forms.html
Maryland Attorney General – Estates & Trusts (consumer guidance): https://www.marylandattorneygeneral.gov/Pages/Consumer/estate_trusts.aspx
CFPB – Managing Someone Else’s Money (fiduciary guides): https://www.consumerfinance.gov/consumer-tools/managing-someone-elses-money/
AARP – Executor Checklist (national overview): https://www.aarp.org/money/estate-planning/info-2019/executor-checklist.html
HUD – Property Preservation FAQs: https://www.hud.gov/program_offices/housing/sfh/nsp/faqs
IRS – Publication 559: https://www.irs.gov/publications/p559

For end‑to‑end selling options, review the statewide pillar: Sell an Inherited House in Maryland and the scenario‑driven guide Sell Your House As‑Is in Maryland.

Call to Action: Compare Your Options on One Page

If you’re a Maryland PR facing deadlines, multiple heirs, or a property that needs work, clarity is power. We’ll help you put every route on a single, apples‑to‑apples net‑sheet so you can decide with confidence:

MLS As‑Is (time vs. credits)
Light Rehab & List (scope, risk, and seasonality)
Direct As‑Is Cash (speed, clean‑out, court‑friendly language)

Bring us your rough numbers—taxes, HOA, utilities, any known liens—and we’ll show you how timing interacts with net. You’ll keep control, the heirs get transparency, and the court gets a clean, reasoned record. Whether you’re in Silver Spring, Rockville, Bowie, or Waldorf, the goal is the same: protect value, reduce stress, and close the estate the right way.

Next steps:

Secure your Letters, stabilize the property, and open title.
Gather one MLS estimate and one direct as‑is offer.
Book a 15‑minute review to compare nets and align on a decision date.

When probate is handled as a project, you control the outcome instead of the calendar controlling you.

Conclusion: Simplify Probate and Protect the Estate

Handling probate in Maryland is no small task, but with structure, documentation, and help from professionals, you can fulfill your role effectively. By securing property, maintaining transparency, and following state requirements, you ensure that the estate is settled fairly and efficiently.

If managing the estate’s real property feels overwhelming, local experts like Simple Homebuyers can simplify the process. Their team purchases inherited and probate homes across Maryland—handling clean-outs, paperwork, and closing coordination so you can focus on your family and your duties as PR.

Executor’s Checklist: Documents, Title, Insurance, Utilities & Clean-Out in Maryland