Getting Probate Court Permission to Sell Property in Maryland

Short answer: If you are the personal representative (executor or administrator) of a Maryland estate, you generally must ask the Orphans’ Court (through the Register of Wills in most counties) for authority to sell real property when the will or law does not already give you that power. If the clerk’s office won’t explain filing requirements, use official Maryland court resources, follow a standard petition format, and consider hiring a probate attorney. This article explains the steps, what to include in the petition, how notice works, and where to get help.

Detailed Answer — How to get court permission to sell estate property under Maryland law

1. Who must ask for permission?

The person charged with managing the decedent’s estate — the personal representative (called an executor if named in a will, or an administrator if appointed without a will) — is the one who files for authority to sell estate real property. If the will expressly grants sale powers, you may be able to sell without a separate petition; if not, you must obtain court approval.

2. Where to file

In Maryland, probate and approval of estate sales are handled through local probate-related courts and offices (the Register of Wills and the Orphans’ Court in many jurisdictions). County procedures and forms vary, so you should locate the appropriate local office first. Maryland Courts provide general probate information: https://www.mdcourts.gov/legalhelp/probate. For text of Maryland statutes and to search the Estates & Trusts Article, see the Maryland General Assembly statutes site: https://mgaleg.maryland.gov.

3. Typical petition to ask the court for authority to sell

When the clerk’s office won’t explain, prepare a petition (often titled Petition for Authority to Sell Real Estate or Petition to Sell Estate Property) that contains:

• Case caption and estate identification (estate name, decedent name, estate file number if assigned).
• Your name and capacity (personal representative) and the authority you hold (letters testamentary / administration or pending appointment).
• A clear description of the property (address, legal description if known, parcel number).
• The reason for the sale (to pay creditors, to divide proceeds among beneficiaries, impracticality of holding the property, property maintenance costs, or bona fide offer).
• Proposed terms of sale — the asking price, any accepted contract or offer, proposed commission, escrow terms, and whether sale should be subject to confirmation by the court.
• Information about valuation — recent appraisal(s), broker’s opinion of value, or comparable sales supporting the proposed price.
• A statement that you will account for sale proceeds and apply them according to law or court order.
• A request for any additional relief (e.g., authority to pay commissions, to execute closing documents, to waive bond, or to confirm sale after closing).
• Attachments: death certificate, copy of letters testamentary/administration (if issued), proposed sale contract (if any), appraisal or broker statement, and a proposed order for the judge to sign.

4. Service and notice requirements

Maryland law requires notice to interested persons before the court grants authority to sell. That typically means serving beneficiaries, heirs-at-law, and possibly creditors or lienholders with a copy of the petition and notice of any hearing. The court will tell you the form of notice required (personal service, mail, or published notice). If you cannot get the clerk to explain, follow local court rules and the forms available on the Maryland Courts website, and serve all known heirs and beneficiaries.

5. The hearing and court order

If a hearing is set, attend and be ready to explain why the sale is necessary and how the terms protect estate interests. If the court approves, it will enter an order authorizing the sale and may include conditions (e.g., court confirmation of sale, requirement to submit a sale accounting). Keep a certified copy of the signed order; most title companies and closing agents will require it to close.

6. After the sale

Follow the court’s order: close as directed, deposit proceeds into the estate bank account, pay authorized expenses and commissions, and file any required accounting or petitions to confirm sale and distribute proceeds. Maintain full records and receipts for the estate file.

7. If the clerk’s office won’t explain filing requirements

Clerks are limited in the legal advice they may give, but they should provide information about court forms, filing fees, and where to file. If they refuse to help:

• Use the Maryland Courts self-help pages and local Register of Wills website for county-specific forms and instructions: https://www.mdcourts.gov/legalhelp/probate.
• Look for a county Register of Wills or Orphans’ Court page (most counties publish routine forms and filing checklists online).
• Download or use a commonly accepted petition template (many counties publish sample petitions and orders).
• Call or email the Register of Wills office or Orphans’ Court clerk; ask for the filing fee schedule, required number of copies, and hearing procedures in writing.
• If the office remains unhelpful, consider filing the petition with the court clerk anyway with a cover letter explaining you tried to obtain guidance; the judge will decide the petition based on law and procedure.
• When in doubt, consult a Maryland probate attorney for a limited-scope consult or to prepare and file the petition properly.

Key Maryland statutes and resources

Statutes governing probate, powers of personal representatives, and related procedures are found in the Maryland Code, Estates & Trusts Article. Search or read the text at the Maryland General Assembly site: https://mgaleg.maryland.gov. The Maryland Judiciary maintains probate help and forms: https://www.mdcourts.gov/legalhelp/probate. For county-specific practice, visit your county Register of Wills or Orphans’ Court web page via the Maryland Courts site.

When you should hire a lawyer

Hire an attorney if:

• The estate involves complex title issues, liens, mortgages, or tax problems.
• Heirs or beneficiaries dispute the sale or object to your authority.
• There is an inadequate offer or risk of litigation around valuation or distribution.
• You want someone to prepare the petition, attend the hearing, and ensure a clean closing.

Helpful Hints

• Gather documents before you file: death certificate, will (if any), letters of authority (if issued), property deed, recent tax bill, and any offer or listing agreement.
• Get an appraisal or a broker’s written market analysis to support the proposed sale price.
• Keep detailed financial records: show how sale proceeds will be used to pay creditors, expenses, and distributions.
• Serve all interested parties personally or by mail as required and keep proof of service (certificates or return receipts).
• Bring multiple copies of your petition and proposed order to the Register of Wills / Orphans’ Court when filing.
• Ask the court for a short written checklist of required documents or a link to county forms; written instructions reduce confusion later.
• If you cannot pay for an appraisal, consider a broker’s comparative market analysis as temporary support for a proposed sale price.
• Use certified copies of court orders for closings; title companies will usually require the recorded order or the letters of administration/testamentary.
• Contact Maryland Legal Aid or local bar associations for low-cost or limited-scope help if funds are limited. The Maryland State Bar Association can help you find an estate attorney.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific case, contact a licensed Maryland probate attorney.