Can heirs of a deceased sibling be included in a Maryland partition action, and how do I add them?

Short answer: Yes — if your deceased sibling owned an interest in the property that is the subject of the partition action, their heirs (or the personal representative of their estate) must be made parties to the partition. How you add them depends on how the deceased owned the property (joint tenancy vs. tenancy in common), whether a probate estate exists, and whether heirs are known or unknown. This article explains the legal framework in Maryland and practical steps to bring heirs into a partition action.

Detailed answer — Maryland law and practical steps

1. First determine how title was held

The starting point is the deed and the way title is held:

• Joint tenancy with right of survivorship: If the deceased sibling held title as a joint tenant with survivorship, their ownership interest typically passed automatically to the surviving co-owner(s) at death. In that situation, the deceased sibling’s heirs do not have a partitionable interest and generally do not need to be joined. To confirm, check the deed language and chain of title.
• Tenancy in common (or another non-survivorship interest): If the sibling held a fractional interest (tenancy in common), that fractional interest became part of the sibling’s estate at death and passed to their heirs or devisees. Those successors have a property interest that can be partitioned and therefore must be included in the partition action.

2. Who to name as parties

Under Maryland partition law, all persons with an interest in the property are proper parties. If the deceased owned the property in a non-survivorship form, the proper parties include:

• The personal representative (executor/administrator) of the decedent’s estate, if one has been appointed; or
• If no personal representative has been appointed, the decedent’s heirs or devisees (persons who inherit by will or intestacy) should be named as parties.

Maryland’s partition statutes govern the procedure and scope of partition actions (see Md. Code, Real Property, Title 14). For the statutory framework, see Md. Code, Real Property, Title 14 (Partition): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gpr&section=14-101.

3. Practical ways to add heirs

Typical steps to add heirs in Maryland:

1. Search the deed/title and probate records. Look for a recorded deed to confirm how title was held. Check probate filings in the county where the decedent lived to see if an estate has been opened and whether a personal representative was appointed.
2. If a personal representative exists: Name the estate or personal representative as a party in your partition complaint and serve them pursuant to Maryland rules. The PR can act on behalf of the estate and is the usual avenue to resolve the estate’s interest in the land.
3. If no personal representative exists: Identify and name the heirs or devisees directly in the complaint. Prove their identities and relationships by available records (vital records, wills, affidavits of heirship, etc.).
4. Amend the complaint or move to join additional parties. If you already have a pending partition action, you can file an amended complaint or a motion to join parties under Maryland civil procedure rules. The court generally requires that all persons with an interest be joined so the final order conclusively disposes of title and proceeds.
5. Service of process and notice. Once you name heirs or the personal representative, serve them under Maryland’s service rules. If an heir is a minor, incapacitated, or otherwise requires representation, ask the court to appoint a guardian ad litem. If heirs are unknown or cannot be located after a diligent search, the court may allow alternative service (publication or constructive notice) consistent with Maryland Rules and due process.
6. If heirs are missing or unknown. If some potential owners cannot be identified or cannot be found, Maryland courts allow partition proceedings to continue in a way that protects unknown claimants — for example by selling the property and placing the sale proceeds in court or in escrow for later distribution if a claimant appears. The court will follow procedures to protect absent parties’ rights before distributing funds.

4. Special procedural issues

• Minors and incompetents: Maryland courts typically require appointment of a guardian ad litem to represent a minor or legally incapacitated person in a partition action.
• Disputes about heirship: If there is a conflict over who the heirs are (e.g., multiple claimants, disputes about wills or intestacy), you may need to resolve the family-law or probate question first (or have both matters proceed so the court can determine ownership during the partition).
• Small estates: If the decedent’s estate qualifies for Maryland’s small estate procedures, those procedures can simplify obtaining documents (letters of administration) to allow a PR to act in the partition.

5. Why joining heirs matters

Courts require all people with an ownership interest to be parties to ensure the partition and any sale or division of proceeds fully resolves title and prevents later claims. If an heir who holds an interest is left out, they may later challenge the partition or claim a share of proceeds.

How to add heirs to an existing partition lawsuit — checklist

1. Obtain a copy of the deed and chain of title.
2. Search probate records for an estate or PR appointment.
3. Identify heirs using vital records, wills, or an affidavit of heirship.
4. File an amended complaint or motion to join additional parties, naming the estate or the individual heirs as appropriate.
5. Serve each added party properly under Maryland Rules. Request appointment of a guardian ad litem for minors/incapacitated persons.
6. If heirs are unknown, ask the court for permission to use publication or other constructive service and protective measures for sale proceeds.

Key Maryland resources

• Maryland Code — Real Property (Partition): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gpr&section=14-101
• Maryland Courts — Probate and Estate Information: https://www.mdcourts.gov/probatecourt
• Maryland Courts — Rules and Civil Procedure resources: https://www.mdcourts.gov/legalresources/rules

Helpful Hints

• Confirm the deed: the presence of the words “with right of survivorship” or phrases indicating joint tenancy often determines whether heirs inherit.
• Open probate early if a personal representative is needed — having PR letters simplifies dealing with the decedent’s share.
• Use title searches and county land records to identify any recorded conveyances, liens, or wills that affect ownership.
• Document your efforts to locate unknown heirs (searches, mailed notices, publication attempts) — courts expect a diligent search before allowing alternative service.
• If parties cannot agree, consider mediation or a negotiated buyout of an heir’s interest to avoid costly litigation.
• Ask the court to hold sale proceeds in escrow if unknown heirs might later claim a share — that protects both the purchaser and the court’s eventual distribution order.

Disclaimer: This article explains general principles of Maryland law to help you understand the partition process. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Maryland attorney who handles real property and probate matters.