FAQ: Step-by-step guide to settling a parent’s estate in Maryland and handling property in another state

Detailed answer — what to do first and next

This FAQ explains the common steps to open probate and settle a decedent’s estate under Maryland law, and how to handle real property or other assets located in another state. This is general information only and not legal advice. Consult a licensed attorney for specific legal guidance.

1. Confirm domicile and locate the will

• Probate normally happens where the decedent was domiciled (their permanent legal residence). If your parent was domiciled in Maryland, open the estate in Maryland’s probate system (Register of Wills in the county where they lived). See Maryland Register of Wills: https://www.mdcourts.gov/registerswill.
• Find the will (if any), original financial records, deeds, titles, life insurance policies, beneficiary designations, and passwords/access information for accounts.

2. Obtain certified death certificates

• Order several certified copies from the Maryland Department of Health or the local health department. Many institutions require originals.

3. Decide whether to open formal probate or use a simplified procedure

• If there is a valid will, the named personal representative (executor) can file it with the Register of Wills to be appointed. If no will exists, an interested person (usually a close family member) petitions to be appointed administrator.
• Maryland offers simplified procedures for small estates and some non-real-property transfers. Check the Register of Wills page for county-specific forms and thresholds: https://www.mdcourts.gov/registerswill/forms.

4. Inventory assets and notify interested parties

• Prepare a full inventory: bank and brokerage accounts, retirement plans, life insurance, personal property, and all real estate (Maryland and out-of-state).
• Provide required notices to heirs and creditors as directed by the Register of Wills and Maryland probate practice. The Register of Wills website explains local filing practices and required forms: https://www.mdcourts.gov/registerswill.

5. Pay debts, taxes, and final bills

• Use estate funds to pay valid claims and final bills in the proper priority order. Keep detailed records of all payments.
• File the decedent’s final federal and Maryland income tax returns and, if applicable, an estate tax return with Maryland. Maryland estate tax guidance: https://www.marylandtaxes.gov/business/estate-tax/. For federal estate tax rules, see IRS guidance: https://www.irs.gov/businesses/small-businesses-self-employed/estate-and-gift-taxes.

6. Transfer Maryland assets to beneficiaries

• After creditor claims and taxes are handled, distribute remaining assets according to the will or Maryland intestacy law (if no will). The Register of Wills will guide the closing steps and required filings.

7. Handling property located outside Maryland (ancillary administration)

If your parent owned real property or other assets located in another state, you will likely need to take additional steps in that state:

• Real property: Most states require an ancillary probate or a local court filing to transfer title to real estate owned by a decedent who was domiciled elsewhere. You will usually need a certified copy of the Maryland probate appointment (letters testamentary or letters of administration) to present to the other state’s court or recorder.
• Personal property: For bank accounts, motor vehicles, or other titled assets in another state, local rules determine whether a transfer can happen via affidavit, a small-claims probate procedure, or whether ancillary probate is required.
• Practical step: contact the county clerk or probate court where the out-of-state property sits and ask about ancillary probate, small estate affidavits, or summary procedures. If the other state is North Carolina, start at the North Carolina Judicial Branch site: https://www.nccourts.gov/.
• Consider hiring a local attorney in the state that holds the property (real-estate law and probate rules vary). A local real estate/title company can also advise about deed recordings and payoffs of mortgages.

8. Closing the estate

• Prepare final accountings and file whatever closing forms the Maryland Register of Wills requires in your county. The representative must show distributions and how debts/taxes were paid.
• Keep copies of all estate records for several years in case questions or audits arise.

Where to find forms and official help

• Maryland Register of Wills (county-level filing information, forms, and procedures): https://www.mdcourts.gov/registerswill
• Maryland estate tax information: https://www.marylandtaxes.gov/business/estate-tax/
• Federal estate and gift tax guidance (IRS): https://www.irs.gov/businesses/small-businesses-self-employed/estate-and-gift-taxes
• If property sits in another state (example resource for North Carolina): https://www.nccourts.gov/ — contact that state’s probate court or a local attorney for ancillary probate rules.

Helpful hints

• Gather documents quickly: original will, deeds, titles, account statements, and beneficiary forms. These speed up probate and reduce costs.
• Get multiple certified death certificates; banks, title companies, and government agencies will require originals.
• Look for joint ownership or beneficiary designations. Joint tenancy, transfer-on-death (TOD), and payable-on-death (POD) designations often avoid probate for those specific assets.
• For real property in another state, ask whether a small estate affidavit or summary procedure applies — this can avoid full ancillary probate if the value is low.
• Keep meticulous records: save copies of filings, receipts for estate payments, and correspondence with creditors and courts.
• Consult a Maryland probate attorney for complex estates, contested wills, or significant tax exposure. Use a local attorney in the state where any out-of-state property is located for ancillary matters.
• Check deadlines: creditor claims and certain filings have strict time limits. Missing deadlines can affect the estate and your liability as a representative.

When to get legal help

• Hire an attorney if the estate includes substantial assets, complex tax issues, out-of-state real property, contested claims, or unclear title problems.
• If you must open ancillary probate in another state, a local attorney or title company can prevent mistakes that cause recording or tax problems later.

Disclaimer: This article provides general information about Maryland probate and how out-of-state property is commonly handled. It is not legal advice and does not create an attorney–client relationship. For personalized legal advice, contact a licensed Maryland probate attorney and, if property lies in another state, a licensed attorney in that state.