Maryland has made an important change to its probate law that affects who can serve as a personal representative of an estate. The new rule removes a citizenship requirement that has long prevented some families from choosing the person they trust most to handle their loved one’s affairs.
What Is a Personal Representative?
When someone dies with assets in their name alone, those assets typically have to go through a court-supervised process called probate before they can be distributed to heirs. Probate is handled in Maryland through the Register of Wills in the county where the deceased lived. As part of that process, the court appoints a personal representative: the individual authorized to gather the decedent’s assets, pay any outstanding debts, and distribute what remains according to the will or, if there is no will, under Maryland’s intestacy laws. A personal representative only exists in the context of a probate proceeding and derives their authority from the court’s formal appointment.
What Is the Current Law?
Under the previous law, a non-citizen could only serve as a personal representative if they were a U.S. permanent resident and a close family member of the deceased, specifically a spouse, parent, child, or sibling. Anyone who didn’t meet both of those conditions was automatically disqualified, regardless of what the will said or how well-suited they were for the role.
That meant a trusted long-term partner, an extended family member, or a close friend named in a will could be legally barred from carrying out the decedent’s wishes simply because of their immigration status.
What Does the New Law Change?
Effective October 1, 2026, the new law removes that citizenship and permanent-residency disqualification entirely. Non-citizens are no longer automatically excluded from serving as personal representatives in Maryland. A person’s relationship to the decedent, their competence, and their suitability for the role can now be considered on their own merits.
What Isn’t Changing?
The core of the probate process stays the same. Courts and registers of wills retain full authority to determine who is best suited to administer an estate. The existing priority order for granting letters of administration remains intact. And the full range of protections built into Maryland’s estate law are unaffected by this change.
All other eligibility requirements to be appointed as a personal representative remain in place. A personal representative must still be at least 18 years old, mentally competent, and free of disqualifying criminal convictions. Out-of-state residents, regardless of citizenship, must still designate a Maryland-based agent for service of process.
How We Can Help
Estate administration can be complicated even under the best circumstances, and navigating it after a loss is never easy. At Leffler, Bayoumi & Oliver, we regularly help families through the probate process throughout Howard County, Anne Arundel County, Montgomery County, Baltimore County, and across Maryland, whether you are serving as a personal representative, managing a loved one’s estate, or trying to understand your rights under a will.
If you have questions about how this change affects you or your family, please don’t wait. Call us at 410-740-1180 or schedule a consultation through our website.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.