Below is an outline that gives a guide for Maryland auto accident defendants who are suing deceased defendants and need to take the lead on setting up an estate for litigation purposes. . Of course, it the overwhelming majority of Maryland accident cases where this is necessary, you are suing an estate in name only because the claim is defended and paid by an insurance company (I don’t know about you, but htis makes me feel a lot better.)

1.                  DETERMINE THERE IS NO ESTATE ALREADY SET-UP

A.                 Contact the Register of Wills for the county where the decedent last resided.

B.                 Each venue has different requirements.  Call the register of wills or orphans court to determine the requirements as far as costs, etc.  Here is the website with the phone numbers: http://www.registers.state.md.us/.

C.                 ORDER DEATH CERTIFICATE.  The form is attached. 

ALL MARYLAND COUNTIES REQUIRE THESE FORMS:

D.                 LIST OF INTERESTED PERSONS

E.                  INFORMATION REPORT

F.                  SMALL ESTATE FOR PETITION FOR ADMINISTRATION

G.                 SCHEDULE B

2.         AFTER ALL THESE FORMS ARE FILLED OUT AND SIGNED AND YOU HAVE THE REQUIREMENTS FOR EACH VENUE SEND THE PAPERS, THE CHECK AND THE DEATH CERTIFICATE TO THE COURT.

* As another note, always set up the estate as a small estate.  The register of wills will upgrade it to a normal estate if the amount exceeds $30,000.

3.         A hearing date is set in Orphans Court and takes approximately 30 minutes from start to finish.  Make it clear to the judge that the estate is being opened for litigation purposes only and you are requesting personal representative status for purposes of service and so the insurance company can issue a check on behalf of an entity that exists in place of their deceased insured (since he or she clearly doesn’t exist anymore….).  Some judges are okay if they understand you are an employee of the firm which is suing the estate, some are not – gauge carefully.