How to re-record or update a joint survivorship deed in Maryland

Quick answer: In Maryland, when one or more co-owners named on a joint survivorship deed die, title usually passes automatically to the surviving joint owner(s) by operation of law. To update the public land records you will typically record a certified death certificate and an affidavit of surviving joint tenant (or a new confirmation deed). If there is no surviving joint owner, or the deed is ambiguous, you will likely need probate or a court action to clear title.

Detailed answer — steps to re-record or update a joint survivorship deed under Maryland law

Below are the common practical steps people take in Maryland to reflect a death on the recorded deed and clear title. County procedures and required forms vary, so confirm requirements with the county land records office or clerk of the circuit court where the property is recorded.

1. Confirm the form of ownership on the recorded deed

   Obtain a copy of the recorded deed from the county land records. Look for language such as “joint tenants with right of survivorship,” “JTWROS,” or “with right of survivorship.” That language controls whether title passed automatically to the surviving owner(s).

2. Obtain certified death certificate(s)

   Get a certified copy of the death certificate for each deceased co-owner from the state or county vital records office. Counties typically require a certified death certificate when you record an affidavit or new deed showing a death.

3. Prepare an affidavit of surviving joint tenant or a confirmation deed

   If title passed automatically to a surviving joint tenant, prepare an affidavit of surviving joint tenant (sometimes called an affidavit of survivorship) that: identifies the recorded deed, states the deceased owner(s) and the surviving owner(s), and references the recorded instrument. Some people record a short confirmation or corrective deed instead.

   Check your county’s sample forms or ask the clerk what wording they prefer. The affidavit will be signed and notarized before recording.

4. Record documents with the county land records office

   Take or submit the following to the county land records (often managed by the clerk of the circuit court or a county land records division):

   • Certified death certificate(s)
   • Affidavit of surviving joint tenant (notarized)
   • Copy of the recorded deed (if requested)
   • Any recording fee

   After recording, the land records will show the updated title information. Recording online may be available in some counties.

5. If there is no surviving joint tenant or the deed is ambiguous

   If all joint tenants named on the deed predeceased each other or the deed lacks clear survivorship language, title does not pass automatically. The property then may need to be transferred through probate or administration under Maryland’s estate laws. You may need to open a probate estate in the county where the decedent lived and follow the Register of Wills procedures.

6. Address related tax, mortgage, and title issues

   Confirm with the local recorder or the Maryland Department of Assessments and Taxation (SDAT) whether any transfer tax, reassessment, or exemption applies when you file the affidavit or new deed. Also contact the mortgage holder if the property has an outstanding mortgage—mortgage servicers often need notice of death. If you plan to sell or refinance, consider a title search and title insurance to clear any clouds on title.

7. When to seek lawyer help

   Consider getting an attorney if:

   • Multiple co-owners died and it’s unclear who survived whom;
   • The deed is ambiguous about survivorship language;
   • There are competing claims, liens, or title defects;
   • Probate or a court quiet-title action may be necessary.

Maryland resources and statutes

Maryland’s state websites provide useful guidance and local contact points:

• Maryland Department of Assessments and Taxation (real property information and forms): https://dat.maryland.gov/RealProperty/Pages/default.aspx
• Maryland Courts — Register of Wills information and probate forms: https://www.mdcourts.gov/registerofwills
• Maryland General Assembly — access to Maryland statutes (search Real Property and Estates & Trusts titles): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
• Directory of circuit court clerks (county land records contacts): https://www.mdcourts.gov/circuit/directory

Helpful Hints

• Start by getting a certified copy of the recorded deed and certified death certificate(s).
• Call your county clerk/land records office first — counties can have different form and fee requirements.
• Look for explicit survivorship language on the deed — clear language avoids probate in many cases.
• If you need to prepare an affidavit yourself, include recorded instrument reference (book/page or liber/folio or instrument number), names, dates, and a notarized signature.
• Keep originals and certified copies of everything you record; record-keeping prevents future disputes.
• If title will be sold, refinanced, or if there are mortgages or liens, do a title search or talk to a title company early.
• When in doubt about conflicting claims, complex estates, or creditor issues, consult a Maryland attorney experienced in real estate or probate.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws and procedures change; consult a Maryland attorney or the relevant county office for advice specific to your facts.