Disclaimer: This article provides general information about Maryland law and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
When a property owner in Maryland dies without a will (intestate) and multiple heirs survive, the transfer of real estate title follows the state’s intestate succession and probate procedures under the Md. Code, Estates & Trusts § 3-101. The basic steps are:
1. Initiate Probate in Orphans’ Court
An interested party (often the closest heir) files a petition in the Orphans’ Court of the county where the decedent lived. The court appoints an administrator (if no executor is named due to absence of a will) under Md. Code, Estates & Trusts § 7-401. The administrator obtains Letters of Administration, which grant authority to manage and distribute estate assets.
2. Identify and Notify Heirs
Maryland’s intestate succession statute lists heirs by priority:
The administrator publishes notice to creditors and notifies heirs of the probate proceedings.
3. Appraise and Settle Estate Obligations
The administrator inventories real and personal property, arranges for a professional appraisal, pays debts and taxes, and addresses any liens. Maryland law requires estate tax filings if the gross estate exceeds certain thresholds under the Comptroller’s rules.
4. Distribute the Property
Once liabilities clear, the administrator drafts a Fiduciary’s Deed or Administrator’s Deed to transfer title to the heirs in proportions defined by statute. They record this deed in the Land Records Office (Maryland Land Records) under Md. Code, Real Property § 3-701. At that point, legal title vests in the heirs as tenants in common unless they agree otherwise.
5. Resolving Disputes or Partition
If heirs cannot agree on use or sale, any co-owner can file a partition action in circuit court under Md. Code, Courts & Judicial Proceedings § 4-601. The court may order a sale and divide proceeds among heirs according to their shares.
Helpful Hints
- Start probate promptly: Maryland law requires filing within a year to avoid penalties.
- Keep detailed records: Appraisals, notices, and receipts support clean title transfer.
- Consider mediation: It can resolve heir disputes faster and cheaper than litigation.
- Use a real estate attorney: They can draft and record fiduciary deeds correctly.
- Check for liens: A title search before distribution can prevent future claims.