Q: My ex husband has died, his brother has filed probate of estate for the house. I have also filed probate of estate
Now a judge has to make a decision.
I was told since I have a child with the deceased he is next of kin.
What are my chances here?
You question is posed for Maryland, but you seem to be in DC. This answer is based on your ex-husband residing in Maryland. I also assume that you've written "ex-husband" because you were divorced before he died. If you are his widow, your priority is higher. In Maryland, the priority of appointment is defined by Maryland Code, Estates & Trusts, Section 5-104, which you can read on Justia here: <https://law.justia.com/codes/maryland/2005/get/5-104.html>. The priority is below. If, however, his child is a minor and you are not the surviving spouse, the court may choose someone lower on the list. It is a wise idea to retain counsel for your child so that the court has confidence that the probate will be performed correctly if you and your son are appointed.
(1) The personal representatives named in a will admitted to probate;
(2) The personal representatives nominated in accordance with a power conferred in a will admitted to probate;
(3) The surviving spouse and children of an intestate decedent, or the surviving spouse of a testate decedent;
(4) The residuary legatees;
(5) The children of a testate decedent who are entitled to share in the estate;
(6) The grandchildren of the decedent who are entitled to share in the estate;
(7) Subject to §§ 3-111 and 3-112 of this article, the parents of the decedent who are entitled to share in the estate;
(8) The brothers and sisters of the decedent who are entitled to share in the estate;
(9) Other relations of the decedent who apply for administration;
(10) The largest creditor of the decedent who applies for administration;
(11) Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or
(12) Any other person.
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