One of the most important reasons to make a will is to name your executor—sometimes called a "personal representative" in Maryland. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.
Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Maryland.
Your executor must be:
(Md. Code Est. & Trusts § 5-105 (2024).)
Many states prohibit people who have felony convictions from serving as executor. 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 as your executor. (Md. Code Est. & Trusts § 5-105 (2024).)
Maryland also has a "slayer statute" that prohibits a person who feloniously and intentionally kills someone from being appointed executor of that person's estate. (Md. Code Est. & Trusts § 11-112 (2024).)
In addition to the restrictions above, a Maryland probate court will reject a potential executor who is a full-time judge of any Maryland or United States court, a clerk of court, or a register, unless this person is your surviving spouse or a relative within the third degree of kinship. For example, a judge of the Circuit Court for Prince George's County who is also your granddaughter would be eligible to serve as your executor. (Md. Code Est. & Trusts § 5-105 (2024).)
Furthermore, the court won't appoint someone who isn't a U.S. citizen to serve as your executor, unless this person is a permanent resident and is your spouse, ancestor, descendent, or sibling. (Md. Code Est. & Trusts § 5-105 (2024).)
Maryland statutes permit you to name a corporation, such as a savings bank or trust company, as your executor. (Md. Code Est. & Trusts § 5-105 (2024).)
But think carefully before appointing a corporation to represent your estate. 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.
For practical reasons, it's smart to name an executor who lives near you. Your executor might have to handle day-to-day matters for weeks, months, or sometimes longer. If you must appoint an executor who lives far away, you should know the requirements Maryland imposes on out-of-state executors.
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. (Md. Code Est. & Trusts § 5-105 (2024).)
If you want to know more about an executor's duties and responsibilities in Maryland, the Maryland Office of the Register of Wills offers a booklet describing the probate process.
For more information about choosing your executor and making your will, see the Wills section of Nolo.com.
Ready to create your will?