Executor Resignation and Removal Requirements in Maryland

At a glance

Requirements one by one

Maryland's Estates and Trusts Article uses § 2-102 to authorize the court supervising the estate to direct a personal representative, issue necessary administration orders, and resolve an interested person's petition concerning the estate or its administration. Sections 6-303 through 6-307 then govern the post-appointment departure and transition covered here.

Removal is mandatory after a listed finding, with one narrow exception

Under Md. Code, Estates and Trusts § 6-306(a), the court “shall” remove a personal representative after finding appointment-stage material misrepresentation, willful disregard of a court order, inability or incapacity to discharge the office effectively, property mismanagement, failure to keep a current local-agent designation on file, or unexcused failure to perform a material duty.

The exception is limited. Under § 6-306(b), even when the material-duty ground exists, the court may continue the representative only if continuance is best for the estate and does not adversely affect interested persons or creditors. The statute does not convert the other five findings into discretionary grounds.

Death or judicially determined disability separately terminates the appointment under § 6-304. Unless a corepresentative survives, the person protecting the deceased or disabled representative's estate must protect the probate property, immediately account and deliver it, and immediately seek a successor or special administrator.

Removal uses a show-cause order, hearing, and restricted interim authority

Section 6-306(c) permits the court or register to move for removal and an interested person to file a written petition. Maryland Rule 6-452 then requires a show-cause order that states the asserted grounds unless the petition already does, directs the representative to show cause, and sets a hearing. Unless the court requires another method, the order is sent by first- class mail to the representative and every interested person.

After notice, the representative has only special-administrator powers or other powers the court directs. At removal, the court must concurrently appoint a successor personal representative or special administrator.

Resignation requires notice, filing, and usually a replacement

Under § 6-305 and Rule 6-451, a personal representative who resigns before final-account approval serves every interested person with written notice at least 20 days before filing a written statement of resignation with the register. The filing includes a certificate of that service.

If no one applies and no successor or special administrator is appointed during the 20-day period, the resigning representative may apply for a successor. For a sole or last representative, resignation becomes effective upon appointment of the successor or special administrator. The statute states no beneficiary- consent requirement or separate court finding accepting the resignation.

Liability, the account, the bond, and turnover survive departure

Sections 6-303, 6-305(c), and 6-306(e) preserve the transition duties. Termination ends the office but does not discharge liability for prior transactions or omissions, end consent to personal jurisdiction for office- related proceedings, or invalidate lawful pretermination acts. The departing representative must protect, account for, and deliver estate property to the successor.

Rules 6-451(c) and 6-452(d) require the court to order the resigning or removed representative either to file an account and deliver the estate or to follow Rule 6-417(c). Under § 6-102(i)(2), the court may direct that the representative's bond be put in suit after removal or failure to account and deliver. These departure provisions state no separate compensation or reserve formula.

Maryland fixes successor priority and limits authority during an appeal

Section 5-104 applies its ordered classes to a successor personal representative and special administrator: will-named and will-nominated representatives come first, followed by the listed family, beneficiary, creditor, pecuniary-interest, and other-person classes. Under § 6-202, the successor receives the original representative's powers and duties, including will powers, except a power expressly personal to the named executor.

Between termination and successor appointment, §§ 6-401 and 6-403 permit a special administrator to collect, manage, and preserve property, perform specified unperformed Title 7 duties, and exercise additional court-ordered powers. Rule 6-451 gives a successor three months after appointment to file a replacement inventory or written consent to answer for the predecessor's listed and valued items.

Under Courts and Judicial Proceedings § 12-701(a)(3), an appeal from a final removal order does not stay the appointment of a successor or special administrator. A successor appointed during that appeal has only the powers of a special administrator.

Administrative probate has a separate transition rule. A timely judicial- probate request terminates the administrative appointment under § 6-307, but the former representative may be reappointed and is reinstated if the request is dismissed or withdrawn.

What trips people up

• “Shall remove” has a targeted exception, not a general escape valve. The estate-best-interest continuation finding applies only to the unexcused material-duty ground.
• Notice changes authority before the removal hearing. Once notice reaches the representative, the representative ordinarily drops to special- administrator powers rather than retaining the office's full authority.
• A removal appeal does not restore full successor powers. Replacement goes forward, but the successor operates with special-administrator powers during the appeal.

Common questions

Does a copersonal representative have to wait for a successor appointment? No. Section 6-305(d) and Rule 6-451(e) make a copersonal representative's resignation effective after the required notice and filing.

Who sends the removal notice? Section 6-306 assigns hearing notice to the register. Rule 6-452 specifies first-class mail to the representative and each interested person unless the court requires another method.

Do acts completed before termination become invalid? No. Section 6-303(e) preserves all lawful acts completed before termination.

Statutes and sources

• Md. Code, Estates and Trusts §§ 2-102, 5-104, 6-102, 6-202, and 6-303 to 6-307 — successor priority and powers; bond enforcement; termination, death or disability, resignation, removal, and judicial-probate transition. Current official text for § 2-102, § 5-104, § 6-102, § 6-202, § 6-303, § 6-304, § 6-305, § 6-306, and § 6-307 (accessed 2026-08-28).
• Md. Code, Estates and Trusts §§ 6-401 and 6-403 — special-administrator appointment and powers. Current official text for § 6-401 and § 6-403 (accessed 2026-08-28).
• Maryland Rules 6-451 and 6-452 — resignation certificate, account, successor inventory, show-cause order, mailed notice, hearing, replacement, and turnover. Current statewide rule text for Rule 6-451 and Rule 6-452 (accessed 2026-08-28).
• Md. Code, Courts and Judicial Proceedings § 12-701(a)(3) — removal appeal, no stay of replacement, and successor's limited appellate-period powers. Current official text (accessed 2026-08-28).