Detailed Answer

This guide explains, in plain language, how someone in Maryland can buy the other heirs’ shares of a deceased parent’s home so the house stays in the family instead of being sold through probate or by court order. It assumes you start with no legal knowledge and uses common, hypothetical facts: a parent owned a home in their name alone, died, and left multiple children as heirs. If the title passed by some non-probate mechanism (joint tenancy, tenancy by the entirety, or a beneficiary/transfer-on-death deed), the steps differ — start by confirming how title passed.

Step 1 — Confirm how title passed

Before anything else, check the deed and related records at the county land records office to learn how the property is titled. Typical outcomes:

• If the parent owned the home only in their name at death, the property is usually part of the probate estate and must be administered under Maryland probate rules.
• If the property was held as joint tenants with right of survivorship or tenancy by the entirety (with a surviving spouse), the property may pass automatically to the survivor and avoid probate.
• If there is a valid beneficiary deed or transfer-on-death instrument, it may control transfer outside probate.

For general background on probate in Maryland, see the Maryland Courts probate overview: https://www.mdcourts.gov/probate. For the relevant statutory framework that governs probate and administration, see the Maryland Code, Estates and Trusts Article: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est.

Step 2 — Open administration or confirm probate status

If the house is part of the estate, someone must be appointed to administer the estate (a personal representative or executor). That person inventories assets, pays debts and taxes, and distributes remaining assets to heirs. If a will names a personal representative, the Register of Wills appoints that person; otherwise, an heir can petition to be appointed. The Register of Wills in the county where the decedent lived handles these filings.

Step 3 — Get a current market value (appraisal)

Before negotiating a buyout, obtain a professional appraisal or a broker price opinion. That establishes fair market value and avoids disputes about the price. The buyout price for each sibling’s share typically equals their pro rata portion of the fair market value, adjusted for any liens, mortgages, homestead allowances, or estate expenses that must be paid first.

Step 4 — Evaluate estate debts, liens, and distribution timing

The personal representative must identify and pay valid debts and claims before distributing assets. If the estate needs cash to pay creditors, the representative may need to sell assets (including real property) or obtain court approval to do an in-kind distribution while leaving a fund for creditors. That can affect whether a buyout is possible immediately. Confirm whether there are mortgages, tax liens, or creditor claims that must be resolved before title can move.

Step 5 — Negotiate and document the buyout

Common ways to complete a buyout:

• Direct purchase: You and your siblings sign a written agreement where each sibling conveys their interest (often by quitclaim deed or warranty deed) to you in exchange for cash. The siblings also sign a deed transferring their shares and the deed is recorded in the county land records.
• Purchase through the personal representative: If the house is still estate property, the personal representative can sell or distribute the property to you, subject to any court oversight required by Maryland probate law. The representative should document the transaction and obtain any necessary court approvals.
• Buyout with assumption of mortgage: If a mortgage exists, your lender must approve any assumption or refinance needed to place the mortgage solely in your name before title transfers.

Practical items to include in the agreement: the agreed price, who pays closing and transfer costs, the effective date of ownership, representations about liens and encumbrances, and whether a release of claims will be provided to siblings. Use escrow and title insurance if possible to avoid post-closing surprises.

Step 6 — Record the deed and update ownership

After closing and payment, have the appropriate deed prepared and recorded in the county land records. Recording gives public notice and completes the transfer.

Alternative: Partition vs. settlement

If heirs cannot agree, one co-owner can force a partition action in Maryland court to divide or sell the property. A partition action can end with a sale and public division of proceeds. To avoid that outcome, a negotiated buyout is usually faster, cheaper, and keeps the property in the family. For more on partition actions in Maryland, consult the Maryland Courts resources or a local attorney.

When court approval is needed

If the property is still held by the estate and the personal representative proposes a sale or distribution to a beneficiary, court approval may be required in contested situations or when Maryland probate rules demand oversight. Where the personal representative is selling estate property to a beneficiary (including an heir), full disclosure and sometimes a court confirmation will protect the representative from later challenges.

Practical checklist (summary)

1. Confirm how title passed (deed, joint tenancy, TOD, or probate).
2. If probate applies, identify the personal representative and open administration with the Register of Wills.
3. Order a professional appraisal of the home.
4. Review estate debts, mortgages, and liens; confirm whether creditor claims require a sale.
5. Negotiate a buyout price and put the agreement in writing.
6. Have siblings sign deeds (quitclaim or warranty) and record the deed after payment or escrow closing.
7. Resolve mortgage issues — refinance or assume the loan as needed.
8. If siblings won’t agree, consider the costs and timeline of a partition action as an alternate route.

If you need a starting point for forms and county-specific steps, contact the local Register of Wills or the county land records office. Maryland Courts probate information: https://www.mdcourts.gov/probate. Maryland Code, Estates & Trusts (statutory framework for estate administration): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est.

When to get a lawyer

Hire an attorney if any of these apply:

• Heirs disagree on value or on whether a buyout is fair.
• The estate has significant debts, liens, or tax issues.
• One sibling will not cooperate or threatens a partition action.
• The transaction involves refinancing, mortgage assumption, or complex title issues.

An attorney can prepare deeds and buy-sell agreements, advise on probate requirements, handle negotiations, and obtain court approval if needed.

Helpful Hints

• Start by pulling the deed online or at the county land records office — it tells you how title passed.
• Get a neutral appraisal before negotiating; emotional attachments often produce inflated price expectations.
• Ask the personal representative or Register of Wills for estate inventory to see debts and assets before finalizing any deal.
• Use escrow for payment and recording to ensure a clean transfer of title at closing.
• Consider offering siblings a short-term payment plan or interest if you can’t pay the full buyout price immediately; document it with promissory notes or deeds of trust as appropriate.
• Keep written records of all communications and agreements to prevent later disputes.
• If a mortgage exists, get lender pre-approval or a clear plan for refinancing so the siblings know the financing step is feasible.
• If the estate qualifies for simplified or small-estate procedures, those might speed a transfer — confirm with the Register of Wills.

Disclaimer: This article explains general Maryland procedures and is for educational purposes only. It is not legal advice. Laws change and your situation may require detailed legal analysis. For advice tailored to your case, consult a Maryland lawyer experienced in probate and real estate.