Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a decedent passes away owning real property outside of Maryland (another jurisdiction), the proper way to transfer title depends on whether the estate is probated in Maryland or handled as an ancillary or out-of-state probate. Under Maryland law, a personal representative appointed by the Maryland court conveys title using a Personal Representative’s Deed—typically issued as a Special Warranty Deed. This instrument is authorized by Md. Real Property Code § 3-307 (link).
Key requirements for a Personal Representative’s Deed:
- Recitals showing appointment (Letters Testamentary or Administration) and probate case details
- Acknowledgment and signature by the personal representative
- Description of the decedent’s ownership interests and chain of title
After execution, the deed must be recorded in the land records office where the property is located. Although each jurisdiction sets its own recording rules, you generally must submit:
- The original signed and acknowledged deed
- A certified copy of the Letters of Administration or Letters Testamentary
- The decedent’s death certificate
- Payment of recording fees
If the Maryland estate never opened probate, heirs sometimes use a Quitclaim Deed paired with an Affidavit of Heirship to clear title in the other jurisdiction. This alternative can work in states that accept heirship affidavits, but it may carry greater title risk if the heirship isn’t conclusively proven.
Helpful Hints
- Determine whether Maryland probate or ancillary probate in the other jurisdiction applies.
- Obtain certified probate documents (Letters Testamentary/Administration) before drafting the deed.
- Use a title company or attorney in the property’s jurisdiction to confirm local deed and recording requirements.
- Review the required notary language and form of deed in the recording county.
- Keep copies of all recorded documents and receipts for your records.
- Consider consulting a licensed attorney for complex estate transfers or disputed heirship.