Short answer

In Maryland, you usually cannot rely on the typical “small estate” affidavit to sell real estate that was owned solely by a deceased parent. The three‑month notice-to-creditors publication requirement commonly applies to formal probate administration. Whether you must publish a notice for three months depends on the path used to clear title: if you open formal probate (or are appointed personal representative), Maryland law requires notice to creditors; if the property passes automatically (joint tenancy, transfer‑on‑death/beneficiary deed, or held in a trust), publication may not be required. Small‑estate procedures typically address personal property and limited transfers, not sale of real property. See Maryland Courts’ guide to small estates and creditors for more detail: https://www.courts.state.md.us/legalhelp/estateprobate/smallestates and https://www.courts.state.md.us/legalhelp/estateprobate/creditors.

How Maryland handles small estates vs. real estate

Maryland’s small‑estate procedures (sometimes called “summary” or “small estate” administration) are designed to help heirs collect personal property or modest estates without full probate. These procedures generally:

• apply to personal property (bank accounts, personal effects) and have dollar limits;
• allow a surviving family member or beneficiary to use an affidavit or simplified form to collect assets when requirements are met;
• often do not permit sale or transfer of real property (real estate) unless a specific statutory path exists that transfers title without probate.

Because a house is real property, most courts and title companies expect either a recorded transfer document that conveys the property at death (for example, a valid beneficiary/transfer‑on‑death deed or survivorship ownership) or appointment of a personal representative (executor/administrator) who has authority from the Register of Wills or a probate court to sell the property.

When the 3‑month creditor notice applies

If you open formal probate (letters testamentary or letters of administration), Maryland law requires notice to known creditors and a published notice to unknown creditors. The statutory framework requires that creditors be given an opportunity to present claims. Maryland practice commonly uses publication that runs for a set period (frequently three months from the first publication) to set the deadline for creditors to file claims against the estate. The published notice and mailing to known creditors protect the estate and the personal representative from later claims, and title companies usually require that creditor notice obligations are satisfied before insuring a sale of estate property.

Relevant official Maryland court information on creditor notice is here: https://www.courts.state.md.us/legalhelp/estateprobate/creditors

Practical scenarios you may encounter

• House held jointly with right of survivorship: The surviving joint owner typically becomes the sole owner automatically and can sell without probate or creditor publication.
• House has a valid transfer‑on‑death (beneficiary) deed or is owned in a living trust: The named beneficiary or trustee can usually transfer or sell without probate and without publishing creditor notice.
• House in deceased’s sole name, no transfer instrument: You will most likely need to open probate or obtain court authority to sell. That process normally triggers creditor notice requirements and an opportunity for creditors to present claims (often running three months by publication).
• Using a small‑estate affidavit for personal property only: If the estate qualifies for a small‑estate affidavit, you may collect limited personal property without publication—but that method usually does not clear title to real estate for sale.

Steps to sell the house if probate is required

1. Contact the Register of Wills in the county where the decedent lived to learn whether probate is required and how to file. The Register’s office issues forms and explains local practice.
2. If you are named executor in a will, file the will and apply for Letters Testamentary. If there is no will, apply to be appointed administrator (Letters of Administration).
3. As personal representative, serve notice to known creditors by mail and publish the required notice to unknown creditors. Follow the Register of Wills’ instructions for timing and content.
4. Obtain court authorization or act under statutory powers to sell the real property. Record any required orders and provide the title company with the Letters and proof of creditor notice/publication.
5. Close the sale, pay estate debts and taxes, and distribute proceeds according to the will or Maryland intestacy rules.

Helpful hints

• Do not list or sell the house until you confirm you have authority to convey title (joint tenancy, trust, beneficiary deed, or letters from the Register of Wills).
• Before you rely on a small‑estate affidavit, confirm whether it applies to real property in your situation. Most small‑estate procedures do not clear title to real estate.
• If you must open probate, expect to provide creditor notice. Title companies will usually require proof of published creditor notice and recorded Letters before issuing owner’s title insurance.
• Talk to the Register of Wills in the county where your mother lived. Their office explains local forms, publication requirements, and fees.
• Contact a probate attorney if the estate is complex, the property has liens or mortgages, or heirs disagree. An attorney can help determine whether informal probate, a court‑ordered sale, or another path is best.
• Keep careful records of notices sent, publication dates, and any creditor claims—these protect you if the estate is later audited or contested.

Where to find official Maryland resources

• Maryland Courts — Small Estates: https://www.courts.state.md.us/legalhelp/estateprobate/smallestates
• Maryland Courts — Creditors and Estate Claims: https://www.courts.state.md.us/legalhelp/estateprobate/creditors
• Register of Wills directory (county contacts): https://www.marylandattorneygeneral.gov/Pages/PO/RegistersOfWills.aspx (or check the county government website)

Final notes and disclaimer

This article summarizes common Maryland approaches to small‑estate procedures and creditor notice when selling a decedent’s home. It is intended to educate and provide general guidance based on typical Maryland practice, not to give legal advice. Laws and local practices change, and each estate has unique facts. For advice tailored to your situation, consult the Register of Wills or a licensed Maryland probate attorney.