# Estates and Trusts (GET)

## Title 5. Opening the Estate

### Subtitle 1. General Provisions

#### Section 5-104

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 Sec.Sec. 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.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)