Do I need to include assets that passed by right of survivorship to my mother on the inventory?

Short answer: Generally no. In Maryland, assets that pass automatically to a surviving owner by right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entirety between spouses) usually pass outside probate and are not part of the decedent’s probate estate, so they typically do not need to be listed on the probate inventory filed with the Register of Wills. However, there are important exceptions and practical reasons to identify and document those assets.

Detailed answer — how this works under Maryland law

Maryland’s probate system distinguishes between probate (assets that must be administered by the personal representative through the probate court) and non‑probate or “non‑administrative” assets (property that passes by operation of law to a surviving owner or beneficiary).

Common types of non‑probate transfers that usually pass outside probate include:

• Property owned as joint tenants with right of survivorship;
• Tenancy by the entirety (spouses) — recognized in Maryland;
• Assets with designated beneficiaries (payable‑on‑death accounts, transfer‑on‑death registration, life insurance, retirement plans); and
• Property held in a living trust.

Because these assets pass automatically to the surviving owner or beneficiary, they are generally not considered part of the estate that the personal representative must administer through probate. The personal representative’s inventory requirement typically focuses on assets “subject to administration” — the property that must be collected, marshaled, and distributed under the authority of the probate court.

Maryland’s probate and Register of Wills offices explain the probate process and what generally must be administered in probate. For an overview of probate in Maryland, see the Maryland Courts probate information: https://www.mdcourts.gov/legalhelp/estate/probate

Maryland statutes and court rules set out the personal representative’s duties regarding inventory and administration. For example, Maryland law requires personal representatives to identify and account for the estate assets that are subject to administration. (See Maryland Code, Estates and Trusts.) For statutory text, consult the Maryland General Assembly site: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est&section=7-102

When you still should disclose or document survivorship assets

Even though survivorship assets usually do not belong on the probate inventory, you should still do the following:

• Gather documentation that shows the survivorship ownership (deed, account statements, account title showing “JTWROS” or “TEN BY ENTIRETY”).
• Provide that documentation to the Register of Wills or to the decedent’s attorney or personal representative if the probate office requests proof of what passed outside probate.
• Confirm whether the joint ownership was a genuine right of survivorship. Courts will look at intent (how the account or deed was titled and any supporting documents). If ownership is ambiguous, the property may be considered part of the probate estate until resolved.
• Consider whether there are creditor, tax, or estate‑planning reasons to disclose non‑probate assets. For example, certain non‑probate transfers may still be included in the decedent’s federal or Maryland gross estate for tax purposes.

When survivorship assets might have to be included or otherwise dealt with in probate

• Disputed joint ownership: If someone challenges the survivorship rights (e.g., alleging the joint title was a convenience rather than an intent to create survivorship), a court may require the asset to be treated as part of the estate until the dispute is resolved.
• Fraudulent transfers: If the transfer to joint owners appears to be fraudulent or made to defeat creditors, the personal representative or creditors may pursue remedies that bring the asset into the estate.
• Estate tax returns: Even if an asset passed outside probate, it may still be in the decedent’s taxable estate; the personal representative or estate may need to collect information for tax filings.

Practical steps for a personal representative or family member

1. Collect documents: deeds, account statements, beneficiary forms, and any documentation showing the account or property title.
2. Check title language: Look for clear wording such as “joint tenants with right of survivorship” or “tenancy by the entirety.”
3. Contact the institution or county land records: Banks and the land records office can confirm how an asset is titled and whether it will transfer automatically.
4. Provide copies to the Register of Wills: If the Register requests proof of non‑probate transfers, give them the documentation to avoid delays.
5. If there is any dispute or uncertainty, consult an attorney experienced in Maryland probate to avoid accidentally failing to disclose an asset that should be administered.

Helpful Hints

• Do not assume: Verify how property is titled rather than relying on memory or hearsay.
• Keep organized records: A brief inventory of both probate and non‑probate assets (with copies of title evidence) speeds probate and helps resolve creditor or tax questions.
• Watch for beneficiary designations: Retirement accounts, life insurance, and transfer‑on‑death registrations pass by designation — they normally avoid probate but require current beneficiary information.
• When in doubt, disclose: If you cannot confirm whether an asset was truly a survivorship asset, disclose it to the Register of Wills or your attorney and explain the uncertainty.
• Consider tax consequences: Non‑probate transfers can affect estate tax computation. Maryland has state estate tax rules that may apply; speak with a tax professional or attorney about filing obligations.
• Use the Register of Wills as a resource: The local Register’s office can answer procedure questions for your county and may accept documentation showing assets passed outside probate.

When to consult a Maryland attorney

Talk to a Maryland probate attorney if any of the following apply:

• Titles are unclear or contested;
• You suspect a transfer was fraudulent or made to avoid creditors;
• There are potential estate tax filing obligations or complex estate planning issues;
• Creditors are asserting claims against assets that were held jointly.

An attorney can help determine whether specific assets must be included on the probate inventory or otherwise disclosed, and can help you prepare any required documentation or court filings.

Where to find official Maryland resources

• Maryland Courts probate information: https://www.mdcourts.gov/legalhelp/estate/probate
• Maryland General Assembly — Estates and Trusts statutes (inventory and personal representative duties): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est&section=7-102

Disclaimer: This article is for general information only and does not create an attorney‑client relationship. It is not legal advice. For advice about your specific situation, contact a licensed Maryland attorney or the Register of Wills in the county where the decedent lived.