How to transfer real property after a spouse’s death in Maryland — step-by-step FAQ

Short answer: The exact steps depend on how the property was titled when your wife died. If the surviving owner already had a right of survivorship (for example, joint tenancy or tenancy by the entireties), you usually record a certified death certificate and an affidavit to show the survivor now owns the property. If the property was only in your wife’s name, you typically need probate (an executor or administrator) or another statutory transfer procedure before a deed can be signed and recorded that conveys the property to your child.

Detailed answer — what you must do under Maryland law

This section explains the common scenarios and the practical steps for each. I’m not a lawyer; this is informational only. For binding legal advice about your situation, consult a Maryland attorney or the local Register of Wills.

1) First: identify how title was held

Check the recorded deed (copy available from the county land records) to see whether the deed named:

• a sole owner (your wife alone),
• joint tenants with right of survivorship,
• tenants by the entireties (married couples),
• tenants in common, or
• a transfer-on-death beneficiary (if a beneficiary deed exists).

Why this matters: ownership that includes a survivorship right typically passes automatically to the surviving owner and does not require probate. Sole ownership or an ownership without survivorship usually requires a probate or other transfer procedure before a deed to the child can be properly executed and recorded.

2) If the property passed automatically to a surviving owner (survivorship ownership)

Common examples: tenancy by the entireties (married couples) or joint tenancy with right of survivorship. If your wife held the property jointly with another person who survives:

1. Obtain a certified copy of the death certificate from the Maryland Department of Health or the county health department.
2. The surviving co-owner usually records the certified death certificate plus a short affidavit (often called an Affidavit of Survivorship or Affidavit of Death of Joint Tenant) and a certified copy of the recorded deed that created the survivorship. Recording these documents updates the land records to show the surviving owner.
3. If the surviving owner intends to transfer the property to your child, that surviving owner (now the legal owner) must sign a deed conveying the property to the child. That deed must be properly acknowledged (notarized) and then recorded in the county land records.

Where to check local requirements: each Maryland county clerk (land records office) has specific filing forms and recording fees. Use the county land records office where the property sits.

3) If the property was only in the deceased spouse’s name (no survivorship)

When the property was titled solely in your wife’s name, someone must have legal authority to sign a deed transferring the property. That authority usually comes from probate:

1. If there is a valid will naming an executor, the executor must be appointed by the Register of Wills and receive Letters Testamentary. The executor then signs a deed (often called an executor’s deed) conveying the property to the heir or beneficiary (your child).
2. If there is no will, the Register of Wills appoints an administrator and issues Letters of Administration. The administrator signs the deed to transfer title according to Maryland’s intestacy rules or as directed by the probate court.
3. Once the personal representative (executor or administrator) executes the deed, the deed must be acknowledged (notarized) and recorded in the county land records where the property is located.

How to start probate or get authority: contact the Register of Wills in the county where your wife lived to open an estate and to obtain Letters. For general Maryland probate information, see the Maryland Courts probate pages: https://www.marylandcourts.gov/courts/probate.

4) Alternative transfer methods (may avoid full probate)

Maryland provides some limited procedures that can be quicker or simpler than full probate in certain small-estate situations or where statutorily authorized transfers exist (for example, small estate affidavits, transfer-on-death deeds, or statutory forms). The availability of these options depends on estate size, the nature of assets, and whether creditors or taxes must be addressed. Contact the Register of Wills or a lawyer to see whether you qualify for a simplified procedure.

5) Prepare and record the deed that transfers ownership to your child

When someone with proper authority signs a deed to transfer ownership to your child, follow these rules:

• Use the correct deed form for the county and type of transfer (warranty deed, quitclaim deed, executor’s deed, etc.).
• Include a full legal description of the property (from the recorded deed) and correct grantee and grantor names.
• Have the grantor sign in the presence of a notary public (acknowledgment).
• Record the deed in the land records office in the county where the property is located and pay the recording and transfer taxes/fees the county and state require.
• Recordation provides public notice and changes the title record so your child appears as owner.

6) Tax and reporting considerations

Maryland has estate and recordation/transfer taxes that may apply. The estate may need to file state estate tax forms before final distribution. Also, recording a deed can trigger transfer and recordation taxes. Consult the Register of Wills and the county land records office about any taxes or filings that must be completed before or at recording.

7) Practical checklist — documents you will likely need

• Certified copy of the death certificate (multiple copies are often needed).
• Copy of the current recorded deed showing how title was held.
• If probate is necessary: the will (if any), petition for probate, and issued Letters Testamentary or Letters of Administration.
• Draft deed transferring property to the child (prepared by a lawyer or title company if you prefer).
• Notary for the grantor’s signature and any required county recording forms.
• Payment for recording fees and any applicable transfer/recordation taxes.

Helpful links and resources (Maryland government)

• Maryland Courts — Probate and Register of Wills information: https://www.marylandcourts.gov/courts/probate
• Maryland Department of Assessments and Taxation (real property information and how to search title): https://dat.maryland.gov/realproperty/Pages/default.aspx
• Maryland land records portal (county recording/search): https://mdlandrec.net/ (use the county where the property sits)
• Locate the county Register of Wills or Clerk of the Circuit Court (for recording) on the Maryland Courts site above, or use the county government web pages for recording fees and local forms.

Helpful hints

• Start by getting a certified death certificate and a copy of the recorded deed. Those two documents usually tell you which path to follow.
• If the deed shows survivorship language, the surviving owner often only needs to record the death certificate plus an affidavit before transferring the property to a third party.
• If probate is required, open the estate promptly with the Register of Wills. That process creates the legal authority (Letters) to sign and record deeds.
• Use the exact legal names that appear on recorded documents when preparing new deeds. Mistakes cause rejections and delays at the land records office.
• Contact the county land records office before you record. They will list required forms, fees, and whether additional stamps or taxes apply.
• Consider hiring a Maryland real estate or probate attorney if title is disputed, the estate is complicated, or tax/creditor issues exist. An attorney can draft a correct deed and coordinate probate filings and tax returns.
• Keep multiple certified copies of the death certificate; many offices will ask for them.

Disclaimer

This post is informational only and does not create an attorney-client relationship. It is not legal advice. Laws and local procedures change — for legal advice tailored to your facts, consult a Maryland attorney or your county Register of Wills.