How Does an Executor Distribute Assets to the Heirs?

Full question:

MY MOTHER-INLAW PASSED AWAY TWO YEARS AGO, IN HER WILL SHE LEFT ONE OF THE FOUR DAUGHTERS HAS EXECUTOR, THE EXECUTOR LIVES IN THE MOTHER HOUSE AND TOLD THE OTHER THREE DAUGHTERS THAT SHE CAN STAY IN THE HOUSE UNTIL SHE WANTS TO SELL IT. THE WILL STATES THE ASSETS TO BE SPLIT EVENLY BETWEEN THE DAUGHTERS.CAN SHE JUST STAY IN THE HOUSE AND NOT SELL IT??DOES MARYLAND HAVE ANY LAW ON THIS MATTER?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Maryland

Answer:

When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. The executor is required to distribute assets and file accountings with the court acccording to the requirements of applicable state statutes.

Please see the following MD statutes to determine applicability:

§ 7-301 EST. & TRUSTS Duty of personal representative to account
for management, distribution of property; certification required.

A personal representative shall file written accounts of his management
and distribution of property at the times and in the manner prescribed in
this subtitle, with a certification that he has mailed or delivered a
notice of the filing to all interested persons.

§ 7-302 EST. & TRUSTS Initial account of administration of
decedent's property; contents.

The initial account of the administration of the property of the
decedent shall contain the certificate of the personal representative
of:

(a) The total value of property as shown in all inventories made prior
to the date of the account;

(b) All receipts of the estate during the period of administration;

(c) The date of each purchase, sale, lease, transfer, compromise,
settlement, disbursement, or distribution of assets of the estate, a
description of each such transaction, and a statement of the amount by
which it affects the amounts referred to in paragraphs (a) and (b); and

(d) The value of any assets remaining in the hands of the personal
representative.

§ 7-303 EST. & TRUSTS Subsequent accounts of administration
of decedent's property; contents.

After an initial account has been rendered, subsequent accounts,
whether filed by the same personal representative or by a successor,
shall contain the certificate of the personal representative of:

(a) The value of any assets remaining in the hands of the personal
representative as shown in the last account;

(b) The value of assets as shown in any inventory made since the last
account;

(c) All receipts of the estate since the date of the last account;

(d) The date of each purchase, sale, lease, transfer, compromise,
settlement, disbursement, or distribution of assets since the last
account, a description of each such transaction, and a statement of the
amount by which it affects the amounts referred to in paragraphs (a),
(b), and (c); and

(e) The value of any assets remaining in the hands of the personal
representative.

§ 7-305 EST. & TRUSTS Time of rendering accounts; extensions.

(a) In general. — Accounts shall be rendered by the personal
representative:

(1) Within 9 months from the date of the appointment of the personal
representative;

(2) Within 6 months after the account referred to in paragraph (1) of
this subsection and within 6 months after each account thereafter until
the filing of the final account;

(3) Upon termination of the appointment of the personal
representative, as provided in Title 6, Subtitle 3 of this article; and

(4) At the other times ordered by the court.

(b) Extensions. — Upon written application of the personal
representative, the court for good cause shown may extend to a specified
date the time for rendering an account.

§ 7-306 EST. & TRUSTS Removal of personal representative
upon failure to render account or file certificate; liability.

Upon failure to render an account or to file a certificate as
required, a personal representative may be removed as provided in
§ 6-306. In addition, he is liable to interested persons
as provided in § 7-403.

§ 7-403 EST. & TRUSTS Breach of fiduciary duty; liability of
personal representative.

If the exercise of power concerning the estate is improper, the
personal representative is liable for breach of his fiduciary duty to
interested persons for resulting damage or loss to the same extent as a
trustee of an express trust. The exercise of power in violation of a
court order, or contrary to the provisions of the will may be a breach of
duty. The rights of purchasers and others dealing with a personal
representative are determined as provided in § 7-404
and are not necessarily affected by the fact that the personal
representative breached his fiduciary duty in the transaction.