Transferring a deed after a death in Maryland

When someone dies owning a Maryland home, the family’s first question is usually “who owns the house now, and how do we get it into the right name?” The answer depends almost entirely on how the person who died held title. This guide walks through the common situations, the deed the estate signs, and the tax rules that apply. It is general information about Maryland practice, and part of our guides to deed transfers for Maryland families.

Step one: look at how the home was owned

The current deed, which we can pull from the county land records, shows how title is held.

• Married couple, as tenants by the entirety, or joint tenants with right of survivorship. The surviving owner owns the whole home from the moment of death. No probate is needed to make them the owner, and no new deed is required for that. When the survivor later sells or refinances, expect to provide a copy of the death certificate so the title can show the change.
• A transfer-on-death deed. Maryland’s law on these deeds took effect October 1, 2026. If the owner recorded one, the named beneficiaries receive the home at the owner’s death, and they may record a notice of the death in the county land records. Our guide to transfer-on-death deeds explains how they work.
• In the name of the person who died alone, or their share as a tenant in common. The home goes through their estate, as described below.
• In a trust. The trustee deals with the home under the trust’s terms, usually without probate. Ask the trustee or the trust’s lawyer.

When the home goes through the estate

In Maryland, property the person who died owned in their own name passes at death to the personal representative of the estate, who holds the legal title while the estate is administered. Until a personal representative is appointed, nobody can sign a deed for the house, however clear the will is and however much the family agrees.

The estate is opened with the Register of Wills, usually in the county where the person who died lived. The Register of Wills issues letters of administration naming the personal representative. Maryland also has a shorter procedure for small estates, and the Register of Wills can tell you which procedure applies.

Once appointed, the personal representative has two main choices for the house.

Selling the house

Maryland law lets a personal representative sell estate property without asking the court for approval, unless the will or a court order limits that power. The sale works much like any other settlement, with a few extra steps. Our guide to selling an inherited house covers them.

Deeding the house to an heir

When an heir is keeping the house, the personal representative signs a deed of distribution that transfers it to them. Maryland law sets a few rules for this deed:

• No transfer or recordation tax when the heir pays nothing. No recordation tax, transfer tax or other State or local excise tax may be charged on a personal representative’s deed that transfers property without consideration. The amount of a mortgage on the house is not counted as consideration for this rule.
• The estate pays the recording costs.
• The deed is also indexed under the name of the person who died, in addition to the usual indexing, so later title searches can follow it.

If one heir is buying out the others’ shares, that payment can change the tax answer. Tell us before the deal is agreed.

Taxes and costs heirs ask about

• Inheritance tax. Maryland charges inheritance tax according to who receives the property. Close family, including a spouse, children and grandchildren, parents, and brothers and sisters, pay nothing; most other heirs pay 10% of the value of what they receive. It is paid to the Register of Wills. The inherited-house guide lists who is exempt.
• Unpaid property taxes. Normally a deed cannot be recorded until the property taxes due are paid. When a home goes from an estate to an heir, Maryland law lets the deed be recorded if the heir enters into a payment plan for the taxes with the county, the town or the State Tax Sale Ombudsman.
• The Homestead tax credit. SDAT says an heir can keep or apply for the Homestead and Homeowners’ tax credits for up to three tax years while the estate is in probate. Our guide to the Homestead tax credit explains the credit.
• The mortgage. Keep paying it while the estate is open. Federal law stops a lender from calling the loan due on a home with fewer than five units because of a transfer to a relative that results from the borrower’s death, or because a joint owner died.

How we help

We search the title to show exactly how the home was held and what liens are on it, prepare the deed of distribution or the sale documents for the personal representative, and record the deed in the county land records. We work alongside the estate’s lawyer, if there is one. For questions about the will, the estate itself or who is entitled to what, the personal representative should talk to the estate’s own attorney.