Filling out the Maryland probate executor nomination form is one of the first steps after someone passes away. If you’ve been named executor in a will, or if you need to be appointed as the personal representative, this form tells the court who should handle the estate. Getting the instructions right saves time and prevents delays. Here’s a straightforward look at what the form is, when you need it, and how to fill it out correctly.

What is the Maryland probate executor nomination form?

This is the official form used to nominate or accept the role of executor (also called personal representative) in a Maryland probate case. The form typically appears as part of the initial probate paperwork filed with the Register of Wills. It allows the person chosen in the will or someone else if the will doesn’t name an executor to formally accept the appointment. The form also covers situations where an executor renounces, or where multiple people are nominated together.

In informal probate, you’ll often use this form alongside other executor appointment documents like the acceptance of appointment affidavit and the petition for probate.

When do you need to use this form?

You’ll need the nomination form in several common scenarios:

  • There is a valid will that names an executor. That person must use the form to accept the role.
  • No executor is named in the will, or the named executor cannot serve. Then someone else (often a family member) petitions to be appointed and uses the nomination form to show they are willing to serve.
  • An executor renounces their right to serve. In that case, the form can be used to nominate a substitute.
  • Multiple co-executors are named. Each must complete and sign the form.

How to fill out the nomination form step by step

Follow these instructions carefully to avoid having the form rejected:

  1. Get the correct form. Download the latest version from the Register of Wills website for the county where the decedent lived. Using an outdated form is a common reason for delays.
  2. Fill in basic information. Enter the decedent’s full name, date of death, and the case number if you already have one (you may not have it yet if this is the first filing).
  3. Add executor details. Write your full legal name, address, and contact information. If you are a co-executor, include the same for each person.
  4. Sign in front of a notary. Maryland requires the nomination form to be notarized. You must sign in the presence of a notary public. Have a valid photo ID ready.
  5. Indicate acceptance or renunciation. The form will have a section where you check whether you accept, renounce, or consent to another person serving. Be clear about your choice.
  6. Attach the original will (if applicable) and a certified copy of the death certificate. Most probate filings require these alongside the nomination form.

For more on the overall petition process, see how to file an executor appointment petition in Maryland.

What are common mistakes people make?

A few errors come up again and again. Watch for these:

  • Not notarizing the form. The signature must be notarized; otherwise the Register of Wills will return it to you.
  • Leaving blanks. Every field that applies to you should be completed. If something doesn’t apply, write “N/A” rather than skipping it.
  • Using the wrong county’s form. Each Maryland county has its own Register of Wills, and form requirements can vary slightly. Always use the form from the county where the decedent lived.
  • Signing before a notary but without proper ID. The notary will need to verify your identity. Bring a driver’s license or other government-issued ID.
  • Not providing the original will. The court needs the original document, not a copy. If you only have a copy, you may need to file a lost will affidavit instead.

Do you need a lawyer to fill out this form?

For a simple estate with a straightforward will, you can often handle the nomination form on your own. The instructions are clear, and the Register of Wills staff can answer procedural questions. However, if the estate is large, if there are disputes among heirs, or if the will is unusual, it’s wise to consult an attorney. A lawyer can also help if you need to file papers like the acceptance of appointment affidavit and ensure everything is coordinated correctly.

What happens after you submit the nomination form?

Once the Register of Wills receives your completed nomination form along with the other required documents, they will review everything. If the papers are in order, the court will issue official authority for you to act as executor. That authority comes in the form of letters testamentary (if there is a will) or letters of administration (if there is no will). You must present these letters to banks, financial institutions, and others to access the estate’s assets.

Can you change your nomination after filing?

Yes, but there are limits. If you originally accepted and later decide you cannot serve, you can file a renunciation. The court will then allow the next person named in the will or a person chosen by the beneficiaries to be appointed. However, you cannot simply switch back and forth. Once you renounce, you typically cannot change your mind again. If you have doubts before filing, it’s better to take a little more time to decide than to file and then try to undo it.

Practical tip: Before you submit the nomination form, double-check that you have all required documents: the original will, a certified death certificate, and the completed, notarized nomination form. Keep copies of everything for your records. A little care upfront can save weeks of back-and-forth with the court.