§ 5–104
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 5-104 (2026)
Title 5. Opening the Estate
Subtitle 1. General Provisions
§ 5–104LinkCopy Citation
In granting letters in administrative or judicial probate, or in appointing a successor personal representative, or a special administrator as provided in Title 6, Subtitle 4 of this article, the court and register shall observe the following order of priority, with any person in any one of the following paragraphs considered as a class:
(1)
The personal representatives named in a will admitted to probate;
(2)
The personal representatives nominated in accordance with a power conferred in a will admitted to probate;
(3)
The surviving spouse, registered domestic partner, and children of an intestate decedent, or the surviving spouse of a testate decedent;
(4)
The residuary legatees;
(5)
The children of a testate decedent who are entitled to share in the estate;
(6)
The grandchildren of the decedent who are entitled to share in the estate;
(7)
Subject to §§ 3–111 and 3–112 of this article, the parents of the decedent who are entitled to share in the estate;
(8)
The brothers and sisters of the decedent who are entitled to share in the estate;
(9)
Other relations of the decedent who apply for administration;
(10)
The largest creditor of the decedent who applies for administration;
(11)
Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or
(12)
Any other person.