How Maryland Probate Transfers Real Property Under a Will

Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need help with a real Maryland estate, consult a licensed Maryland probate attorney or your local Register of Wills.

Detailed answer — overview of the process

When someone dies leaving a will, title to the decedent’s real property usually passes through the probate process in the county where the decedent lived. In Maryland, probate is opened at the Register of Wills (sometimes working with the Orphans’ Court). Probate confirms the validity of the will, appoints the personal representative (executor) named in the will, and issues the official papers that allow transfer or sale of real estate titled in the decedent’s name.

Key concepts

• Probate: The court process that proves the will and appoints the personal representative.
• Personal representative / executor: The person who qualifies with the Register of Wills and receives Letters Testamentary. Only that person (or someone with court authority) has legal power to transfer real property that is part of the probate estate.
• Letters Testamentary / Letters of Administration: A certified court document showing the personal representative’s authority. Recorders of deeds commonly require this to accept estate conveyances.

Typical steps to transfer real property under a will in Maryland

1. Locate the original will and death certificate. The original signed will is usually filed with the county Register of Wills where the decedent resided.
2. File for probate. The named executor (or another interested person if there is no named executor) files the will and a petition with the county Register of Wills to open probate. The Register’s office gives guidance on the filing requirements and fees (each county has its own Register of Wills office).
3. Qualify as personal representative. The executor takes the statutory oath and, if required, posts a bond. After qualification the Register issues Letters Testamentary (a certified copy can be obtained for recording purposes).
4. Inventory and settlement (if needed). The personal representative identifies estate assets (including real estate), notifies heirs and creditors as required, and handles estate administration steps. Depending on the estate’s complexity, the estate may need to identify tax and creditor issues before transfer.
5. Convey the property. If the will devises real property outright to a beneficiary, the personal representative typically prepares (or has prepared) a deed from the personal representative conveying the property to the devisee. The deed is signed by the personal representative and recorded in the county land records along with required supporting documents (often a certified copy of the Letters Testamentary or the probated will).

Why Letters Testamentary or a court certified probate record are important

Maryland recorders of deeds and title companies generally require proof that the person signing a deed has authority to transfer title. A certified copy of Letters Testamentary or of the probated will from the Register of Wills proves that authority. Without those documents, the deed may be rejected for recording.

Is there a way to transfer real property without full probate?

Maryland offers certain simplified procedures for small estates (mainly to collect personal property such as bank accounts, when the estate value falls below statutory thresholds). These small estate procedures generally do not transfer real property. Real property is usually not handled through small-estate affidavit procedures and therefore requires probate or some other recorded conveyance (for example, a deed executed before death, joint tenancy, or a properly executed transfer-on-death mechanism if one exists and was used). Check the Register of Wills for county-specific rules and forms.

Common practical issues and timing

• Even a straightforward probate that only admits a will and issues Letters Testamentary can take several weeks to a few months, depending on the county workload and whether notice to creditors or other formalities are required.
• If creditors or tax issues arise, the personal representative may delay transferring property until the estate is resolved or until the personal representative receives an order from the court authorizing sale or distribution.
• Title companies often require a search of the land records and may ask for a probate docket entry, certified letters, or a release of liens before closing a sale or issuing title insurance.

For county-specific filing steps and forms, start with the Maryland Judiciary Register of Wills pages: https://www.mdcourts.gov/registers/wills. That site lists contacts, filing instructions, and links to forms for each county.

Helpful hints — practical checklist before you start

• Find the decedent’s original will and several certified copies of the death certificate.
• Contact the Register of Wills in the county where the decedent lived to confirm filing requirements, fees, and whether bond is needed.
• Get certified copies of Letters Testamentary (or the court’s probate certificate) — these are what the land records office usually requires to accept a deed.
• Ask the county Recorder of Deeds (land records office) what documents they require to record a deed from an estate. Each county may have specific formatting or affidavit requirements.
• Expect to prepare an executor’s deed transferring title to the beneficiary; many executors hire a Maryland real estate or probate attorney to draft and record the deed to avoid errors.
• If the estate might be subject to disputes, liens, taxes, or a mortgage, speak with an attorney before recording any deed. That helps prevent personal liability or title defects.
• If the asset is small and you were expecting a fast transfer, verify whether the property was already owned jointly, had a beneficiary deed, or was held in a trust — any of these can transfer outside probate.

Where to get help

If you are unsure how to proceed, contact:

• Your county Register of Wills: https://www.mdcourts.gov/registers/wills (for filing, forms, and local procedures).
• A Maryland probate or real estate attorney for legal advice tailored to your facts. Probate practice involves timing, creditor issues, and possible tax consequences; an attorney can protect beneficiaries and the personal representative.

Remember: This article explains general Maryland probate practice for transferring real property under a will. It is educational only and not a substitute for an attorney’s advice.