Section 5-104 - Order of right to letters. - Maryland Statutes

§ 5-104. Order of right to letters.
 

In granting letters in administrative or judicial probate, or in appointing a successor personal representative, or a special administrator as provided in Subtitle 4 of Title 6, 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 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. 
 

[An. Code 1957, art. 93, § 5-104; 1974, ch. 11, § 2; 1998, ch. 748; 2001, ch. 582; 2005, ch. 106.]