Short answer: not always. Whether an inherited house in Maryland goes through probate depends on one thing — how the deed was written before the owner died. Some houses pass straight to the survivor with no probate at all. Others have to go through it.
Not sure which applies to you? Call Eric — (410) 705-7555. We can usually tell from the deed in a few minutes.
Houses that skip probate
Joint tenancy with right of survivorship. If the deed names two or more owners with survivorship language, the survivor owns it the moment the other dies. No probate for the house.
Tenancy by the entirety. The married-couple version of the same thing, with extra creditor protection. The surviving spouse owns it outright.
Held in a living trust. If the owner deeded the house into a revocable trust during their lifetime, the trustee handles it under the trust, not through the Register of Wills.
Life estate deed. The remainder interest passes automatically to whoever was named.
Houses that must go through probate
Owned alone. One name on the deed and no trust — it goes through probate, will or no will. A will does not avoid probate; it just tells the court who gets what.
Tenants in common. If two people owned it as tenants in common, the deceased person’s share goes through their estate. The other owner keeps their share, and the estate now owns a fraction alongside them. This one surprises families often.
One thing Maryland does not have
Many states let owners record a transfer-on-death deed, naming who inherits the house without probate. Maryland does not recognize them. If someone told you a TOD deed was filed on a Maryland property, it is worth checking carefully, because Maryland has never adopted that law.
How to find out which one you have
Pull the deed. In Maryland, deeds are recorded with the Circuit Court in the county where the property sits, and they are public. Look at how the owners are named and whether the words “joint tenants” or “tenants by the entirety” appear. The exact wording is what decides it.
If you would rather not go digging, send us the address. We pull deeds every day and we will tell you what it says — free, and with no expectation that you sell to us. Plenty of people we help never do.
If it does go through probate
That is not a disaster and it does not mean waiting a year to sell. The house can usually be sold within weeks of the estate being opened. See selling before probate is finished and how long probate takes.
And if it does not
If you already own it outright as a survivor, you can sell whenever you like, the same as any other house. No estate, no Letters, no Register of Wills.
Tell us about the property
Send the address and we will tell you where things stand. No cost, no obligation. Or call Eric on (410) 705-7555.
More: probate in Anne Arundel County · selling an inherited house in Maryland
Ace Properties is a real estate investment company. Eric Lisica is a licensed Maryland real estate agent, license #650290, with Keller Williams Flagship of Maryland, 231 Najoles Rd Ste 100, Millersville, MD 21108, (410) 729-7700. When Ace Properties purchases a property directly, Eric is acting as a principal buying for his own account.
