Detailed Answer
Short summary: An older or “outdated” will is not automatically invalid simply because it is old. In Maryland you generally still must open probate in the county where the decedent lived, have the personal representative (also called the executor or administrator) appointed, obtain letters testamentary/letters of administration, and then either rely on the will’s express power to sell real estate or ask the court to authorize a sale. Buyers and title companies usually want a certified copy of the letters and, for a real estate sale, often a court order authorizing the sale.
Step-by-step: what you need to do in Maryland to finalize the estate and get authority to sell property
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Locate the will and any later documents.
Check for a later will or codicil. A later valid will revokes earlier wills. If you can’t find a later will, proceed with the most recent will you do have. Also check for any documents that might revoke the will (like a signed written revocation, or evidence of a valid later will).
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File the will for probate in the correct Maryland county.
Take the original will (if available) to the Register of Wills in the county where the decedent was domiciled when they died. The Register accepts the will for probate and will start the process of appointing a personal representative. Maryland Courts explain probate basics here: https://www.mdcourts.gov/legalhelp/estateprobate. For Register of Wills locations and contact info see: https://www.mdcourts.gov/register.
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Be appointed personal representative and obtain letters.
The Register (or the court, where applicable) issues Letters Testamentary or Letters of Administration. These documents are your official authority to act on behalf of the estate. Title companies and third parties will usually require certified copies of these letters before accepting a proposed sale.
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Identify whether the will grants a power of sale.
If the will expressly authorizes the personal representative to sell real estate (often called a “power of sale” or “power to sell”), the PR may be able to sell under that authority and under the PR’s letters. If the will does not grant that power, you will typically need a court order permitting the sale.
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If needed, petition the court for authority to sell real property.
When the will does not clearly allow a sale, when beneficiaries disagree, or when the sale is not plainly in the ordinary course of administration, file a petition with the appropriate Maryland court (often the Orphans’ Court or the Circuit Court in the county handling the estate) asking the court to authorize the sale. The court will require notice to beneficiaries and interested parties and may require an appraisal or other valuation evidence. The court issues an order that the title company will accept.
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Clear liens, handle mortgages and provide required notices.
Before closing, locate mortgages, liens, tax obligations, and other encumbrances. Some mortgages require payoff at closing. Notify any mortgage lender early—some lenders will insist on certain documentation or payoff procedures. Also follow Maryland’s rules for creditor notice and the claims period during administration so the estate can pay valid debts.
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Close the sale using the letters and court order (if applicable).
At closing the PR signs the deed; the title company typically requires certified Letters Testamentary or of Administration and either the testamentary will or the Court’s order authorizing the sale. Keep accurate records of the proceeds, expenses of sale, payoffs, and distributions.
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Complete final accounting and distribute the estate.
After paying debts, taxes, and expenses, distribute remaining assets according to the will (or Maryland intestacy law if there is no valid will). File a final account with the court where required and close the estate.
Key Maryland rules and where to read them
Maryland’s courts provide practical guidance on estate administration and the Register of Wills offices handle probate filings: see Maryland Courts — Probate & Estate Administration: https://www.mdcourts.gov/legalhelp/estateprobate and the Register of Wills information at https://www.mdcourts.gov/register. The Maryland Code governing wills, estates, and fiduciary powers appears in the Estates and Trusts Article; the Maryland General Assembly site hosts the statutes: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST.
Common issues that delay a sale and probate closing
- Missing original will or suspicion of a later will.
- Disputes among beneficiaries or family members about the will’s meaning.
- Creditors’ claims or unresolved tax liabilities.
- Real estate title problems, unknown liens, or title companies insisting on a court order.
- Lender requirements (mortgage payoffs, lender approval for sale, etc.).
When you should talk with an attorney
Hire or consult an estate or probate attorney if any of the following apply: uncertainty about whether the will is valid; beneficiaries contesting the will; complicated assets; tax concerns; multiple-state assets (ancillary probate); or the title company or buyer requires a court order. An attorney can prepare the petition to sell, handle the hearing, and coordinate with the Register of Wills and the court.
Helpful Hints
- Bring the original will if you have it — the Register of Wills needs the original document to probate.
- Get certified copies of Letters Testamentary or Administration right away — buyers and title companies will request them.
- If the will names an executor who is unavailable or unwilling, the court can appoint an alternate personal representative; a local probate attorney or the Register’s office can explain the process.
- Expect to provide an appraisal or market analysis if petitioning the court to sell real property. Courts want evidence that the sale is fair and in the estate’s best interest.
- Notify mortgage holders early. A mortgage may require full payoff on sale or impose conditions affecting closing timelines.
- Keep full records of all estate transactions: receipts, closing statements, invoices, and communications. The court may require an accounting.
- If you are a buyer of probate property, insist on seeing certified letters and either a power-of-sale clause in the will or a court order authorizing the sale before closing.
- Contact the Register of Wills in the county of the decedent’s domicile if you’re unsure where to start; Register staff often provide procedural guidance: https://www.mdcourts.gov/register.
Note on legal authority: This article explains general Maryland procedures and common practices. Specific statutory details and case law can affect outcomes in particular cases — see the Maryland Estates and Trusts statutes at the Maryland General Assembly site for the text of relevant provisions: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Maryland probate attorney or contact the Register of Wills in the appropriate county.