Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
1. Determine How the Property Is Titled
Begin by reviewing the deed and title documents at the county land records office. Property held in:
- Sole name: Passes through probate or by beneficiary deed.
- Joint tenancy: Passes automatically to the surviving joint tenant.
- Life estate: Passes under the terms of the reserved interest.
- Revocable trust: Already out of probate when deeded into the trust.
2. Choose Your Transfer Method
In Maryland, you can include real property in your estate by using:
- Last Will and Testament: Describe the property clearly and execute according to the formalities in Estates & Trusts §4-102.
- Transfer-on-Death (TOD) Deed: Prepare and record a beneficiary deed under Real Property §3-104. This avoids probate.
- Revocable Trust: Execute and record a deed transferring property into your living trust. File the deed with the county land records office.
3. Execute and Record Deeds Properly
Whether you use a TOD deed or a trust deed, record it promptly with the county clerk’s office. Recording establishes public notice and ensures the property will pass as intended.
4. Probate Process (If Using a Will)
- Locate and File the Will: File with the Register of Wills in the county where the decedent lived.
- Petition for Probate: Ask the court to appoint a personal representative.
- Inventory Real Property: Within three months, file an inventory and appraisal under Estates & Trusts §7-201.
- Pay Debts and Taxes: Notify creditors, pay valid claims, and file final tax returns.
- Distribute the Property: After debts clear, transfer title to beneficiaries as provided in the will or by Maryland intestacy rules.
Helpful Hints
- Start early: Title issues can delay probate or trust funding.
- Keep originals: Store recorded deeds in a safe place and share copies with your personal representative or trustee.
- Update beneficiaries: Review TOD deeds after major life events (marriage, divorce, birth).
- Verify recording: Confirm your deed appears in the online county land records index.
- Consult professionals: Work with a real estate attorney or estate-planning attorney to avoid title defects.