Detailed Answer
When a person in Maryland dies without a will (intestate), their real property does not automatically transfer to children simply because they are the children. The property passes according to Maryland’s intestacy rules and through the probate process unless the property was owned in a way that already passes ownership at death (for example, joint tenancy with right of survivorship or tenancy by the entirety for spouses). Below are clear, step-by-step actions you and your siblings can take, and the legal background so you know what to expect.
1) Confirm how the house is titled
Check the deed at the county land records office (or the county online land records portal) to see how title is held. Common outcomes:
- If the decedent owned the house solely in their name, the house is part of the probate estate and must be transferred through probate administration under Maryland law.
- If the deed shows joint ownership with right of survivorship or tenancy by the entirety, the surviving co-owner automatically keeps the property and it typically does NOT go through probate.
- If the house is held in a trust or there is a beneficiary deed/title, those instruments control the transfer outside probate.
2) If title was sole to the decedent: open probate/administration
Because there was no will, an interested person (often a child or spouse) must ask the Register of Wills in the county where the decedent lived to open an estate administration. The court will appoint an administrator (sometimes called a personal representative) to manage the estate. The administrator’s duties usually include locating assets, paying valid debts, and distributing remaining assets according to Maryland’s intestacy statutes.
Maryland’s intestacy laws govern who inherits and in what shares. See the Maryland Code, Estates and Trusts, Title 3 (Intestate Succession) for the statutory rules: Maryland Estates & Trusts – Title 3 (Intestate Succession). The Register of Wills or a probate lawyer can help interpret those rules for your family’s exact situation.
3) Practical steps to start administration
- Obtain multiple certified copies of the death certificate from the Maryland Department of Health Vital Records.
- Gather documents: the deed, mortgage records, bank statements, titles, insurance policies, and any bills or creditor information.
- Go to the Register of Wills in the county where your parent lived and file a petition for appointment of an administrator. Maryland Courts’ probate information is at: Maryland Courts – Probate and Estate Administration.
- The court issues Letters of Administration (proof of authority). Use those letters to handle the property, talk to the mortgage company, and clear title matters.
4) How real property is handled in probate
The administrator must identify all heirs and creditors, pay valid debts and taxes, and then distribute property according to intestate succession. Real property can be distributed in-kind (deeded to the heirs), sold by the estate with proceeds distributed, or transferred by agreement among heirs if the court approves. If multiple heirs inherit the property together and cannot agree, one heir may petition the court for partition (sale or division) of the property.
5) Taxes and costs to anticipate
Maryland has estate tax rules and filing requirements for larger estates. The administrator may need to file estate tax returns and pay outstanding debts before distributing property. For general guidance, contact the Register of Wills and the Maryland Comptroller or see Maryland tax resources at Maryland Comptroller.
6) Alternatives and shortcuts
- If all heirs agree, you can sometimes use simplified procedures or coordinate a direct transfer by agreement, but the deed transfer will usually require either the administrator’s signature or a court order.
- Some states have small‑estate affidavits for personal property; Maryland has procedures and forms for smaller estates—check the county Register of Wills for eligibility and forms on the Maryland Courts site: Probate Forms – Maryland Courts.
- If heirs want to avoid long court processes, consider informal probate administration with guidance from the Register of Wills; still, an attorney is often helpful when real property is involved.
7) If there are disputes among siblings
Disagreements about who gets the house, whether to sell, or who pays upkeep often require mediation or court resolution. The administrator owes duties to the estate and to all heirs; if the administrator breaches those duties, heirs can ask the court to remove the administrator or seek other remedies.
8) Typical timeline
Probate administration timelines vary: simple estates can take a few months; estates with real property, creditor claims, or disputes can take a year or more. Estate tax filings (if required) can extend the timeline.
Helpful Hints
- Start at the county Register of Wills. They can explain local procedures and provide the required forms and fees.
- Get several certified death certificates right away; banks and many agencies require original certified copies.
- Do a deed and lien search at the county land records office to confirm title, mortgages, and liens before you assume the house is unencumbered.
- If the mortgage is current and you plan to keep the house, notify the mortgage company of the death and provide Letters of Administration when issued.
- Consider consulting a probate attorney in Maryland if the estate includes real property, if there are creditors, or if family members disagree—an attorney can speed up the transfer and reduce risks.
- Keep detailed records and receipts for any expenses you pay on behalf of the estate (mortgage, taxes, repairs). The estate may reimburse you.
- If you and your siblings want to keep the house jointly, create a written agreement about costs, use, and what happens if someone wants to sell later.
Quick resource links:
- Maryland Estates & Trusts (Intestate Succession): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=estates
- Maryland Courts – Probate and Estate Administration: https://www.mdcourts.gov/probate
- Maryland Courts – Probate Forms: https://www.mdcourts.gov/probate/forms
When to consult an attorney
If the property is valuable, if heirs disagree, if there are mortgages or creditor claims, or if you need help interpreting the intestacy statute for your family (for example, blended families or unknown heirs), contact a Maryland probate attorney. An attorney can prepare filings, represent the estate in court, handle title transfers, and advise on tax filings.
Disclaimer: I am not a lawyer and this information is educational only. This is not legal advice. For advice about your specific situation, consult a licensed Maryland probate attorney or the Register of Wills in the county where the decedent lived.