When a loved one passes away in Maryland, their estate — including any real property they owned — goes through a legal process called probate. For many families, the home is the estate's most valuable asset, and understanding what happens to it can feel overwhelming.
This guide breaks it down in plain English.
What Is Probate?
Probate is the court-supervised process of administering a deceased person's estate. In Maryland, this process is overseen by the Orphans' Court in the county where the deceased lived. The court appoints a Personal Representative (what many states call an "executor") to manage the estate.
The Personal Representative is responsible for identifying assets, paying debts and taxes, and distributing what remains to the heirs.
Does All Property Go Through Probate?
No — and this is an important distinction. Not all real property automatically passes through the probate process. It depends on how the property was titled:
- Property titled in the deceased's name alone — goes through probate
- Joint tenancy with right of survivorship — passes directly to the surviving owner, no probate needed
- Property held in a trust — passes according to the trust terms, bypassing probate
- Tenants in common — the deceased's share goes through probate
Not sure how the property is titled? Wayne can help you determine this quickly — just call 443.722.2095.
What Are the Options for the Property?
Once it's established that the property must go through probate, the Personal Representative generally has several options:
- Sell the property — the most common outcome, especially when the estate has debts or multiple heirs
- Transfer to an heir — if one heir wants to keep the property, they may buy out the others or receive it as part of their inheritance share
- Rent the property — in some cases, the estate may hold the property and generate rental income during administration
Does the Court Have to Approve the Sale?
In Maryland, sales of estate real property may require court approval depending on the type of administration (regular vs. modified) and the terms of the Will. Your probate attorney will guide you through this — and Wayne provides court-ready documentation and valuations whenever required.
How Long Does the Process Take?
Maryland probate typically takes 9 to 18 months from the date of appointment to close of estate, though simpler estates can move faster. The real estate sale itself, once approved, can often close within 60 to 90 days depending on market conditions and property preparation.
What Should You Do First?
If you're dealing with estate property in Maryland, the first step is a conversation — with your probate attorney about the legal process, and with a probate real estate specialist about the property itself.
Wayne offers free consultations and can walk you through your specific situation with no pressure and no obligation.
