Can a Non-Citizen Handle Your Estate? In Maryland, the Answer Is Still No — For Now

In the wake of the Key Bridge tragedy, Maryland lawmakers took a hard look at an issue many families never consider — what happens when a loved one dies, and their next-of-kin can’t legally serve as personal representative?

Maryland Law: Citizenship Still Required

Currently, non-citizens are prohibited from serving as personal representatives (executors) of Maryland estates. Even if you are the surviving spouse, even if you’ve lived in Maryland for decades, if you’re not a U.S. citizen, you’re disqualified.

Real Case, Real Impact

This isn’t theoretical. In 2024, one of the victims of the Key Bridge collapse left behind a widow who wasn’t a U.S. citizen. She tried to handle his estate — and couldn’t. She was legally barred from serving in a role that most people assume automatically goes to the next-of-kin.

She contacted her state delegate, and a bill was introduced in 2025 to remove the citizenship requirement. But it didn’t pass.

Why Didn’t It Pass?

1. Lawmakers wanted more time to study the implications

2. The estate and trust bar is actively researching the issue

3. There are legitimate concerns about accountability, jurisdiction, and cross-border enforcement

The issue isn’t dead, but for now, the law remains in place.

What Families Should Do

If you or your spouse is a non-citizen:

1. Plan. Name an alternate personal representative who meets Maryland’s eligibility rules.

2. Use a trust. In many cases, a properly funded trust can avoid probate entirely — no court appointment is needed.

3. Talk to your attorney. Non-citizen issues (like foreign real estate, assets, or heirs) need tailored advice.

Bottom line: This law may change in the future, but don’t count on it in the meantime. If you’re not a U.S. citizen, make sure your estate plan reflects Maryland’s current rules.