How to Transfer a House Through Maryland Probate (No TOD Deeds Allowed)

If someone died owning a house solely in their name in Maryland, that house must go through probate before it can be sold or transferred to an heir. There is no shortcut. Maryland does not recognize Transfer-on-Death (TOD) deeds for real property — a tool available in roughly 30 other states that lets homeowners name a beneficiary on the deed and bypass probate entirely. In Maryland, unless the property was held in a revocable living trust or titled as joint tenants with right of survivorship, the probate system is the only path from the decedent's name to yours.

This is the single most common reason families are forced into Maryland probate when they expected to avoid it. The house is often the most valuable asset in the estate, and the fact that it cannot bypass the Register of Wills catches families off guard — especially out-of-state adult children who assumed a beneficiary deed or TOD designation would handle it.

The Complete Transfer Process

Step 1: Open the Estate

Before you can do anything with the house, you need Letters of Administration from the Register of Wills in the county where the decedent lived. This means filing a Petition for Administration (Form RW1112) and either Schedule A (for Regular Estates) or Schedule B (for Small Estates). The house's estimated value will factor into whether the estate qualifies as a Small Estate ($50,000 or less in total probate assets, or $100,000 if the surviving spouse is the sole heir).

If the house alone is worth more than $50,000 — and in most Maryland counties it is — the estate will follow the Regular Estate track or the Modified Administration track if all beneficiaries are inheritance-tax-exempt.

Step 2: List the Property on the Inventory

For Regular Estates, the Inventory is due within 3 months of the personal representative's appointment. The house goes on Schedule A (Real Property) of the Inventory form (RW1122/RW1123). You need to establish the fair market value as of the date of death.

Two approaches to valuation:

• Tax assessment value. Some Registers of Wills accept the State Department of Assessments and Taxation (SDAT) assessed value as a reasonable estimate, particularly for straightforward residential properties.
• Formal appraisal. For properties with unusual characteristics, significant improvements, or values that differ substantially from the tax assessment, a formal appraisal by a licensed appraiser is recommended. The appraiser must be disinterested (no financial interest in the estate) and their signed verification must accompany the Inventory.

For Modified Administration, no formal Inventory is filed, but you still need to know the property value for the Final Report and any tax calculations.

Step 3: Handle Creditors and the Waiting Period

You cannot transfer or sell the house while the creditor claims period is open. Maryland law gives general creditors 6 months from the date of death (or 2 months after the personal representative mails them direct notice, whichever is earlier) to file claims against the estate. If the estate is insolvent, the house may need to be sold to satisfy debts.

If the decedent received Medicaid long-term care benefits after age 55, the Maryland Department of Health can file a Medicaid Estate Recovery (MERP) claim against the probate estate. Because Maryland limits recovery to the probate estate, and real property that must go through probate is a probate asset, the house is directly exposed to MERP claims — unless a surviving spouse, a child under 21, or a blind or disabled child survives.

Step 4: Obtain Court Authorization (If Selling)

If the house is being transferred to an heir named in the will or under intestacy, court authorization beyond the Letters of Administration is typically not required — the personal representative has the authority to execute the deed.

If the house is being sold to a third party, the personal representative generally has the power of sale if the will grants it or if all interested persons consent. If neither applies, the Orphans' Court may need to authorize the sale. Check the will's specific grant of powers and the Letters of Administration.

Step 5: Execute the Personal Representative's Deed

The actual transfer document is a Personal Representative's Deed (sometimes called an Executor's Deed or Administrator's Deed). This deed:

• Identifies the personal representative acting in their fiduciary capacity
• References the Letters of Administration and the estate case number
• Describes the property by legal description (matching the existing deed)
• Names the grantee (the heir or buyer)
• Is signed by the personal representative, not the decedent

The deed must be notarized. In Maryland, real property transfers also require a completed SDAT certification (the transfer/recordation tax certification form), which determines the applicable transfer tax and recordation tax.

Step 6: Pay Transfer and Recordation Taxes

Maryland imposes both state and county transfer taxes on real property conveyances. The rates vary by county. Certain exemptions may apply for transfers between family members or transfers pursuant to a will, but the exemptions are specific and the county clerk's office will verify eligibility at the time of recording.

First-time Maryland homebuyers may qualify for a reduced rate on the state transfer tax. If the heir receiving the property has never owned residential property in Maryland, this exemption can reduce costs.

Step 7: Record the Deed

The completed, notarized Personal Representative's Deed, along with the SDAT certification and any required tax payments, must be filed with the county Land Records office (Circuit Court Clerk) in the county where the property is located. Once recorded, the property is legally transferred to the new owner and the transfer is part of the public record.

Timeline: How Long Does This Take?

For a straightforward estate with no creditor disputes:

Under Modified Administration, the timeline compresses: the Final Report is due at 10 months and distribution (including real property transfer) should occur by 12 months.

For Small Estates, the process can be faster because no formal Inventory or creditor notice publication is required — though the creditor claims period still applies by statute.

Who This Is For

• Executors who need to transfer a solely-owned Maryland house to an heir named in the will
• Families who discovered that the decedent's house cannot bypass probate because Maryland does not allow TOD deeds
• Out-of-state adult children inheriting a parent's Maryland home who need the complete filing sequence from petition to deed recording
• Personal representatives who need to sell the house during the estate administration and want to understand the authorization requirements

Who This Is NOT For

• Properties held as joint tenants with right of survivorship — these pass automatically to the surviving co-owner outside of probate
• Properties held in a revocable living trust — the successor trustee transfers the property without probate
• Properties where the decedent held only a life estate — the remainderman's interest vests automatically at death
• Condos or co-ops with special ownership structures — consult the association's governing documents

The Resource Gap

Most national probate websites assume that TOD deeds or beneficiary deeds are available options. They are not in Maryland. This means national checklists, templates, and guides consistently miss the real estate transfer sequence that Maryland executors must follow. The Register of Wills provides the probate forms but does not cover the deed preparation, SDAT certification, or Land Records recording steps — those fall outside their jurisdiction.

The Maryland Probate Process Guide covers the complete real estate transfer process from Inventory listing through deed recording, including a standalone Real Estate and Vehicle Transfer Checklist. It also covers the Medicaid Estate Recovery rules that specifically affect real property in the probate estate, the spousal protections that may apply, and the scenarios where court authorization for a sale is or is not required.

Frequently Asked Questions

Why doesn't Maryland allow Transfer-on-Death deeds for real property?

Maryland's legislature has not enacted a TOD deed statute for real property. Several states have adopted the Uniform Real Property Transfer on Death Act, but Maryland is not among them. As a result, the only ways to transfer real property outside of probate in Maryland are joint tenancy with right of survivorship, a revocable living trust, or a life estate deed with a named remainderman.

Can I sell the house before probate is finished?

Yes, but the timing depends on the creditor claims period and your authority under the Letters of Administration. The personal representative can typically list and market the property during the administration, but the sale proceeds become part of the estate and are subject to creditor claims, taxes, and distribution rules. Selling before the 6-month creditor period closes carries risk if unknown creditors later surface.

Does the surviving spouse automatically get the house?

Not automatically. If the house was solely in the decedent's name, it is a probate asset. It passes according to the will, or under intestacy if there is no will. Under Maryland intestacy, the surviving spouse receives specific shares depending on whether there are surviving children or parents. The surviving spouse may also elect the augmented estate share (one-third or one-half). But the house itself must still go through probate before the title can change.

What if the house is underwater or the estate is insolvent?

If the mortgage exceeds the home's value, or if total estate debts exceed total assets, the personal representative may need to work with the Orphans' Court on the disposition. The house may be surrendered to the mortgage lender or sold at a loss. Creditor priority rules determine which debts are paid first from any proceeds. The personal representative should not transfer the property to an heir while creditor claims remain unsatisfied.

How much does the real estate transfer cost in probate fees and taxes?

The probate fee depends on the total estate value, not just the house — ranging from $0 (small estates) to $1,000 (estates up to $1 million). The transfer and recordation taxes at deed recording vary by county but typically range from 1% to 1.5% of the property's fair market value for each tax. Family transfers pursuant to a will may qualify for partial exemptions depending on the county and the specific relationship.

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