How to Secure a Decedent’s Home and Protect Estate Property in Maryland

Quick answer: Act quickly but carefully. Document the scene, preserve evidence, avoid confrontation, and seek court protection if necessary. You may be able to obtain emergency relief from the Register of Wills/Orphans’ Court to prevent removal or sale of property before a personal representative is appointed. Police may act on clear theft or trespass. Always get specific legal advice early.

Disclaimer

This article explains general Maryland procedures and is educational only. It is not legal advice. For guidance about your particular situation, contact a Maryland probate attorney or the Register of Wills in the county where the decedent lived.

Detailed answer — what you should know under Maryland law

When someone dies, estate property belongs to the estate, not to family members personally. In Maryland the probate process is handled by the Register of Wills and the Orphans’ Court in the county where the decedent lived. A personal representative (often called an executor or administrator) has exclusive authority to manage, protect, and distribute estate assets once appointed. Until appointment, no one has formal authority to dispose of estate property.

Because appointment takes time, disputes sometimes arise when household members remove items before a personal representative is in place. In Maryland you have several practical and legal tools to minimize loss:

• Preserve the scene immediately: photos, video, and an itemized inventory (see checklist below).
• Notify family in writing to preserve property and not disturb the house. A dated, signed written demand (preferably by certified mail or email with read receipt) helps later court proceedings.
• Contact the Register of Wills/Orphans’ Court for guidance on emergency filings. The court can issue temporary orders that bar removal or sale of property pending appointment of a personal representative.
• If someone removes items and you have evidence they intended to permanently deprive the estate, you can report theft to the police and later sue for conversion or replevin to recover items. The Orphans’ Court can also require an accounting.

Key Maryland resources and law

General probate administration, appointment of personal representatives, and duties are handled through the Register of Wills and Orphans’ Court. See Maryland Courts — Register of Wills (probate basics and forms): https://www.mdcourts.gov/register/wills.

For the text of Maryland statutes (Estates & Trusts and related code sections), see the Maryland General Assembly site: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST.

Step-by-step practical plan (first 48–72 hours)

1. Document everything now. Walk through the house and take wide and close-up photos and video of every room, closets, safes, and notable possessions. Include timestamps. Save receipts, keys, or notes from anyone who visited.
2. Do not physically confront family members. Avoid arguments or forcible interference. Confrontation often escalates and can hurt your case in court.
3. Secure the property without creating legal risk.
   • If you have legal authority to be at the property (you were living there, or you are a joint owner, or you have explicit permission from the surviving spouse who has legal access), you can change locks and restrict access.
   • If you do not have legal authority, changing locks may expose you to claims for trespass or interference. Instead, ask the court for temporary protection (below) or accompany a neutral third party (like a peace officer) when retrieving essential personal effects.
4. Send a written preservation notice. Draft a short, professional letter to all siblings and household members: identify yourself, state that the decedent has died, identify the property as part of the estate, request that nobody remove or sell items, and indicate that you plan to seek appointment as personal representative (or will notify the Register of Wills). Send by certified mail and keep proof of delivery.
5. Call the Register of Wills. Ask whether you can file for appointment immediately and whether the court can issue an emergency (temporary) order to prevent removal of property. Each county has procedures; use the Maryland Courts Register of Wills page for local contact info: https://www.mdcourts.gov/register/wills.
6. If items are being taken right now, consider police. If you can clearly document that someone is stealing estate property, call local police. Theft and trespass laws can apply and law enforcement can sometimes prevent immediate loss. Keep police incident numbers and officer names.

Legal steps: emergency court relief and appointment

If siblings are removing significant property, you can ask the Register of Wills or Orphans’ Court for emergency relief. Typical remedies include:

• Expedited appointment of a personal representative (temporary or full appointment).
• Temporary restraining order or injunction prohibiting any removal or sale of estate property until the court acts.
• Orders for immediate inventory and turnover of certain items to the court or a designated custodian.

Filing for appointment usually requires a probate petition and possibly bond. The court’s power to protect estate property and to require an inventory and accounting is exercised by the Register of Wills and, when necessary, the Orphans’ Court. Contact the local Register of Wills office for filing procedures and forms: https://www.mdcourts.gov/register/wills.

Remedies if property has already been removed

• Report theft to police and keep records.
• File a civil action for replevin (to recover specific items) or conversion (for monetary damages).
• During probate, the personal representative can demand return of estate property and sue family members who removed items; the Orphans’ Court can require an accounting for property taken.

Inventory and documentation checklist

Collect and preserve the following as you secure the house:

• Photos and videos of each room, exterior, and storage spaces.
• A dated, signed inventory listing high-value items (jewelry, firearms, electronics, artwork, antiques, vehicles, financial documents, safe contents).
• Copies of wills, trusts, deeds, titles, insurance policies, bank statements, and safe-deposit box info.
• Keys, combinations, padlocks, and safe-opening instructions.
• Witness statements from neighbors or household members about who removed or handled items.
• Mail, bills, or notices showing decedent’s residence and contacts.

Suggested short preservation letter (example)

(Keep it short, factual, signed and dated.)

To [Name of sibling/occupant]:

[Decedent], who lived at [address], died on [date]. I intend to seek appointment as personal representative (administrator) for the decedent’s estate with the Register of Wills in [county]. Until a personal representative is appointed, estate property must not be removed, sold, or damaged. Please preserve all property in the home and do not remove items. I request that you confirm receipt of this notice and let me know whether you have taken any items from the home.

Sincerely,

[Your name, contact information]

When to involve an attorney

Contact a Maryland probate attorney if:

• Siblings are taking or selling valuable items.
• Someone changes locks and prevents others from accessing the home.
• You need expedited appointment as personal representative or a court order to preserve property.
• Criminal conduct (theft or threats) occurs.

Practical cautions and best practices

• Avoid physical confrontation. Let courts and police handle disputes.
• Don’t throw out items or give them away “to keep the peace.” That undermines the estate’s value.
• If you secure the home, keep an access log (who enters, when, and why).
• If you are a tenant or co-owner, your rights differ — check with counsel before changing locks.

Helpful hints

• Act fast to document the home: photos and video are powerful evidence.
• Keep copies of all communications and delivery receipts for letters to siblings.
• Use certified mail or email with read receipt for important notices.
• Contact the Register of Wills the day you learn of the death — they can explain quick filing steps in your county: https://www.mdcourts.gov/register/wills.
• If police become involved, ask for an incident number and officer contact info and save those details.
• Hire a probate attorney quickly if significant assets are at risk — attorneys can file emergency motions and may obtain quicker court intervention.

Where to get more Maryland-specific help

• Maryland Courts — Register of Wills (probate overview, local offices, forms): https://www.mdcourts.gov/register/wills
• Maryland General Assembly — Code (Estates & Trusts and related statutes): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST
• Local county Orphans’ Court/Clerk’s office — for filings and emergency calendar information (find contact info on the Register of Wills page above).

Protecting estate property is mostly about acting promptly, documenting carefully, and using the Register of Wills/Orphans’ Court to obtain the authority you need. If the situation is tense or valuable items are at risk, consult a Maryland probate attorney right away.