Detailed Answer
When a parent holds real estate in Maryland in their sole name and then passes away, the title does not automatically transfer to heirs unless a valid beneficiary designation exists. You must follow state procedures to establish current ownership.
1. Check for a Transfer on Death Deed
Maryland allows a Transfer on Death Deed (TODD). This deed names a beneficiary who takes title automatically upon the owner’s death without full probate. Review the recorded deed for language referencing a beneficiary or “Transfer on Death.” If present, the beneficiary records an affidavit and certified death certificate with the clerk’s office to complete the transfer. (See Md. Real Prop. Code § 3-104.)
2. Open Probate Administration
If no valid TODD exists, you must open a probate administration. One of the heirs or a nominated personal representative files an application for letters of administration or for appointment under any will. The Register of Wills issues letters giving legal authority to manage and distribute estate assets. (See Md. Est. & Trusts Code § 7-201.)
3. Determine Heirs Under Intestate Succession
If your parent died without a will, Maryland’s intestate succession rules specify who inherits. Typically, the surviving spouse and children share the estate in fixed proportions. You must file an inventory of assets and petition the court to confirm distribution. (See Md. Est. & Trusts Code § 3-103.)
4. Record a New Deed in Heirs’ Names
After the court confirms distribution, the personal representative or heirs prepare a corrective or transfer deed reflecting new ownership. You record that deed with the county land records office to update the official title and allow heirs to sell, refinance, or use the property.
Helpful Hints
- Review the original deed for TODD language or joint tenancy wording.
- Obtain multiple certified copies of the death certificate.
- Contact the Register of Wills or clerk of court in the county where the property sits.
- Gather documents: will (if any), death certificate, original deed.
- Record the new deed promptly to protect heirs’ interests.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Maryland to address your specific situation.