Losing a parent is one of the most emotionally challenging experiences life can bring. In addition to navigating your grief, you may also find yourself faced with the responsibility of managing their estate. If your parent left a will behind, the process of transferring property in Maryland can be more straightforward—but it still requires careful attention to detail and compliance with state-specific laws. At Frame & Frame Attorneys at Law, we understand that this is not just a legal process, but a deeply personal one, and we’re here to guide you every step of the way.

Our award-winning estate planning attorneys will walk you through the essentials of transferring property after a parent’s death with a will in Maryland. By understanding this process, you can ensure your parent’s wishes are honored while reducing stress for you and your family.

First Steps After a Parent’s Passing

When your loved one passes away, the initial days are typically focused on grieving and making funeral arrangements. However, it’s crucial to secure important documents, particularly their will, as soon as possible. The will serves as the legal blueprint for administering their assets, including any real estate.

Here are the immediate steps you should take once a parent with a will passes away in Maryland:

1. Locate the Will – Find the original signed will. It’s usually kept in a secure place, such as a safe deposit box, home safe, or filed with their estate planning attorney.
2. Obtain the Death Certificate – You will need certified copies of the death certificate to initiate the probate process and notify institutions like banks, creditors, and government agencies.
3. Consult an Estate Planning Attorney – While you may be tempted to handle the process yourself, it’s a good idea to consult an attorney familiar with Maryland probate laws. At Frame & Frame Attorneys at Law, we bring more than 70 years of experience to help you avoid legal pitfalls and streamline the process.

Once you’ve taken these initial steps, the next part of the process begins: probate.

Understanding Probate in Maryland

Maryland law requires most estates to go through probate to distribute assets according to the deceased person’s will. Probate is a legal process supervised by the Orphan’s Court, where the will is validated, debts are paid, and property is transferred to heirs.

Probate Types in Maryland

Maryland has two types of probate processes based on the size and complexity of the estate:

Small Estate Administration

• This applies to estates with assets totaling less than $50,000 (or $100,000 if the surviving spouse is the sole heir).
• The process is quicker, simpler, and less expensive.

Regular Estate Administration

• For estates exceeding the small estate threshold, the regular probate process applies. This process involves more documentation and oversight, which is why having a knowledgeable attorney can make a significant difference.

Filing for Probate

To begin probate in Maryland, the person named as the executor (also called the personal representative) in the will must file a petition with the Register of Wills in the county where the deceased resided.

You will need to submit the following documents:

• The original will
• Certified copies of the death certificate
• A list of heirs and beneficiaries
• An inventory of the deceased’s assets

Once the petition is approved, the court formally appoints the executor to manage the estate.

Transferring Real Property in Maryland

Real estate often represents one of the most significant assets in an estate and requires a unique process for transfer. Here’s what you need to know to transfer property in Maryland after a parent’s death with a will.

Identify How Ownership Is Held

Before proceeding, determine how the property is titled. Ownership can significantly affect the process, as some types of ownership bypass probate entirely:

• Joint Tenancy with Right of Survivorship – If the property was owned jointly with another person who has survivorship rights, it will automatically pass to the surviving owner. No probate is necessary.
• Tenancy in Common – If the property was owned as tenants in common, the deceased’s share must go through probate to be distributed according to their will.
• Sole Ownership – If the property was solely owned by the deceased, it will also go through probate and be distributed as outlined in the will.

Obtain Court Authorization for Transfer

If the property is subject to probate, the court must authorize its transfer. The executor is responsible for taking the following steps:

1. Include the property in the estate’s inventory.
2. Obtain a property appraisal to determine its fair market value.
3. Notify beneficiaries listed in the will of the proposed transfer.

The executor must adhere to any restrictions outlined in the will, such as keeping the property within the family or selling it to fulfill other estate obligations.

File Required Deeds and Documents

To officially transfer ownership, the executor must prepare and file a new deed with the local land records office. This document legally names the new owner(s) of the property. Ensure that all taxes, such as property taxes and estate taxes (if applicable), are paid prior to completing the transfer.

At Frame & Frame Attorneys at Law, we can ensure the deed transfer process goes smoothly and that all legal requirements are satisfied.

Addressing Additional Considerations

Paying Debts and Taxes

Before property can be distributed to heirs, the executor must settle the deceased’s debts. This includes settling outstanding mortgages, loans, and property taxes. Maryland also has an estate tax for estates exceeding a certain value, which may apply depending on the circumstances.

Resolving Contested Wills

Unfortunately, disagreements among heirs can sometimes arise. If the terms of your parent’s will are contested, it can delay the property transfer and add emotional strain on your family. A skilled probate attorney can help resolve disputes quickly and fairly.

How Frame & Frame Can Help

Navigating the transfer of property after a parent’s death is emotionally and legally complex, but you don’t have to go through it alone. Here’s how Frame & Frame Attorneys at Law can support you:

1. Comprehensive Probate Assistance – We handle everything from filing probate petitions to dealing with creditors to ensure the estate is managed efficiently.
2. Deed Transfers and Title Work – We ensure all real estate transactions comply with Maryland’s legal requirements, saving you time and stress.
3. Resolution of Disputes – If conflicts arise over the interpretation of the will or distribution of property, we work tirelessly to protect your rights and your parent’s wishes.
4. Tax Planning – Our attorneys are well-versed in Maryland estate tax laws and can help you minimize tax liabilities during the process.

Contact Our Maryland Wills & Trusts Lawyers Today

The process of transferring property after a parent’s death in Maryland can be daunting, but it doesn’t have to be overwhelming. By understanding the probate process, gathering the right documents, and working with a trusted attorney, you can ensure your parent’s wishes are honored while protecting your peace of mind.

If you’re ready to take the next step, contact Frame & Frame Attorneys at Law today. Our dedicated team is here to provide expert guidance and personalized support, helping you transition through this challenging time with clarity and confidence.