Detailed Answer
If you and one or more people co-own real property in Maryland and you need to sell that property to pay for funeral expenses and outstanding property taxes, here are the practical steps, legal principles, and likely outcomes under Maryland law. This is an educational overview — not legal advice.
1) Identify how the property is owned
Start by confirming the legal form of ownership on the deed:
- Joint tenants with right of survivorship — when one owner dies, the surviving joint tenant(s) typically get the deceased owner’s share automatically, without probate.
- Tenants in common — each owner has a distinct share that passes by will or by intestacy (through probate) when an owner dies.
- Other arrangements — trusts or corporate ownership follow different rules and may require trustee or corporate action.
If an owner has died, the ownership form determines whether you need probate or a small-estate procedure to transfer title before a sale. For general probate information in Maryland, see the Maryland Courts self-help probate page: https://mdcourts.gov/legalhelp/estate/probate
2) Determine who can sign to sell
If all current owners (or the person who now holds title) agree, a co-owner sale is simple: get agreement, sign a listing or sales contract, clear any liens, and close.
If an owner refuses to cooperate, a co-owner can ask the Circuit Court for a partition action to force either a division of the property (partition in kind) or a judicial sale with proceeds divided among owners. Partition actions are filed in the county Circuit Court where the property is located: https://mdcourts.gov/circuit
3) Handling funeral expenses and who pays
Funeral expenses are generally considered claims against the deceased person’s estate. If the deceased had an estate with assets (including an interest in the house), the personal representative (executor/administrator) pays reasonable funeral costs from estate funds before distributions to heirs, subject to Maryland probate rules. If title passed outside probate (e.g., joint tenancy), there may be no estate funds to cover funeral costs and surviving co-owners might be asked to advance payment.
See Maryland Courts probate resources for typical priority rules: https://mdcourts.gov/legalhelp/estate/probate
4) Property taxes and lien priorities
Unpaid property taxes create a lien on the property. Before sale proceeds can be distributed to owners, liens against the property — including property tax liens, mortgages, and recorded judgments — must be paid at closing. If taxes are delinquent, contact your county tax collector or treasurer’s office immediately to learn about redemption, payment plans, or pending tax sale procedures. For state-level information on property taxation and assessment: https://dat.maryland.gov/
5) Typical paths to sell and cover expenses
- Voluntary sale — all owners agree, list the property, sell, pay liens and closing costs, then distribute net proceeds according to ownership shares.
- Buyout — one co-owner buys out the others based on an appraisal; proceeds can be used to pay funeral and tax bills.
- Partition action — if co-owners cannot agree, any co-owner may file for partition in the Circuit Court where the property is located; the court may order a sale and division of net proceeds. Find local circuit court info here: https://mdcourts.gov/circuit
- Probate or small estate administration — if an owner died and left a fractional interest, an administrator or executor can sell estate property or arrange for a sale of the interest to pay funeral bills, subject to Maryland probate procedures: https://mdcourts.gov/legalhelp/estate/probate
6) What happens to sale proceeds
At closing the title company or closing attorney pays off liens (mortgages, tax liens) and closing costs. Remaining proceeds are distributed to owners or to the estate representative if the property is estate property. Funeral expenses are paid from estate assets before distributions if the estate exists and has sufficient assets; otherwise, surviving co-owners may need to negotiate payment or seek other remedies.
7) Timelines and likely costs
Voluntary sales typically follow the normal real-estate timeline (weeks to a few months). Partition actions can take many months to more than a year, depending on court schedules, appraisals, and disputes. Expect court filing fees, attorney fees, appraisal and accounting costs, and possible sale costs (broker commissions, repairs). The court may order sale costs and reasonable attorney fees to be paid from proceeds before distribution.
8) Practical step-by-step checklist
- Obtain and read the deed to confirm ownership form.
- Collect title documents, mortgage statements, tax bills, and any estate paperwork (will, death certificate).
- If an owner died, determine whether probate or a small-estate filing is needed; contact the local Register of Wills or check Maryland Courts guidance: https://mdcourts.gov/legalhelp/estate/probate
- Contact the county tax office to learn about delinquent taxes, amounts due, and deadlines: check county treasurer/tax collector pages or https://dat.maryland.gov/
- If all owners agree, decide on listing or private sale and get an appraisal.
- If any owner refuses to cooperate, consult an attorney about filing a partition action in the Circuit Court for the county where the property is located (https://mdcourts.gov/circuit).
- At sale closing, ensure liens are paid and net proceeds are used to pay funeral bills and remaining funds distributed according to ownership or probate priorities.
When to get an attorney
Consult an attorney if:
- There is disagreement among co-owners about selling.
- One co-owner died and title or probate issues exist.
- There are complex liens, tax delinquencies, or potential creditor claims (including funeral expenses).
- You are considering a partition action.
For general Maryland statutes and code references (Real Property; Estates & Trusts), see the Maryland Code on the Maryland General Assembly website: https://mgaleg.maryland.gov/mgawebsite/Laws/Code
Key takeaways
- Confirm how title is held — that determines whether probate is needed and who can sign to sell.
- Unpaid property taxes are liens on the property and must be paid from sale proceeds before owners receive money.
- Funeral expenses are generally claims against the deceased’s estate; if no estate assets are available, surviving owners may need to negotiate payment or seek sale proceeds.
- If co-owners cannot agree, a partition action in Maryland Circuit Court can force a sale and division of proceeds.
Disclaimer: This information is educational and general in nature, not legal advice. Laws change and every situation differs. For advice tailored to your circumstances, consult a licensed Maryland attorney.
Helpful Hints
- Make a certified copy of any death certificate if an owner has died — title companies and courts usually require it.
- Get a current title search early to identify mortgages, liens, or judgments.
- Contact the county tax office immediately to prevent a tax sale and to learn about payment or redemption options.
- Get at least one independent appraisal so co-owners can negotiate from the same valuation.
- If you expect a quick need for cash (funeral bills), ask the title company or prospective buyer about an expedited closing or short-term bridge loan, but beware costs.
- Keep clear records of any payments you make for funeral or tax bills; they may be reimbursable from sale proceeds or estate funds.
- When in doubt, consult an attorney experienced with Maryland real estate, probate, and partition actions — some attorneys will provide a short initial consultation for a fixed fee.