Do I need probate to sell an inherited house in Maryland?
Not always. If the home passed by tenancy by the entireties, a joint tenancy with right of survivorship, a living trust, or a recorded transfer-on-death deed (for deaths on or after October 1, 2026), it transfers outside probate and can be sold once title is updated. If the decedent owned it alone or held it as a tenant in common, you generally need to clear the estate through a small estate, modified, or regular administration first.
Can I sell a Maryland inherited house before probate closes?
Often yes. If you are the personal representative and have authority to sell, you can usually list and close the sale before the estate fully closes, as long as the title company will insure it. The proceeds, though, may have to stay in the estate until the creditor period, the inheritance tax, any estate tax, a Medicaid recovery claim, the family allowance, and the final accounting are resolved. The answer changes if the heirs disagree, title is unclear, or the property is passing through a trust, survivorship, or a transfer-on-death deed.
What is the surviving spouse’s share if there is no will in Maryland?
It depends on who else survives. If there are no descendants, the spouse inherits everything, even if the decedent’s parents are alive. If there is a minor child, the spouse takes half. If there are adult descendants who are not also the spouse’s children, the spouse takes the first $100,000 plus half of the rest (Estates and Trusts 3-102). Registered domestic partners inherit on the same terms.
Does Maryland have both an estate tax and an inheritance tax?
Yes. Maryland is the only state with both. The estate tax applies only to estates above a $5 million exemption. The separate inheritance tax is a flat 10 percent on property passing to non-exempt beneficiaries, and any inheritance tax paid is credited against the estate tax so the same property is not taxed twice.
Who actually pays the Maryland inheritance tax?
The person distributing the property is responsible for paying it before distribution (Tax-General 7-216), so in most estates it is settled out of estate funds before the heirs receive anything. Who bears the cost can vary: under a will it may fall on the estate or the legatee, an heir taking without a will is generally responsible for the tax on their share, and the recipient can be liable if the property passes without distribution or the distributor does not pay.
Is a niece or nephew taxed when they inherit a Maryland house?
Yes. Nieces, nephews, aunts, uncles, cousins, friends, and other non-exempt beneficiaries owe the 10 percent inheritance tax on what they inherit. A $400,000 house left to a nephew creates about a $40,000 tax, settled by the estate before the property is distributed. Spouses, children, grandchildren, parents, and siblings are exempt.
Can I use Maryland’s new transfer-on-death deed now?
Not yet. The Maryland Transfer-on-Death Deed Act is enacted but does not take effect until October 1, 2026, and it applies only where the owner dies on or after that date. A deed recorded before then is not effective until the law is in force. It is codified at Real Property Article, Title 14, Subtitle 10.
What is modified administration in Maryland?
Modified administration is a streamlined probate path for solvent estates where everyone inheriting is close family, an inheritance-tax-exempt person, or a qualifying trust (Estates and Trusts 5-701 through 5-710). It skips the formal inventory and accounting in favor of a single verified final report due within ten months, with distribution within twelve. It is faster and cheaper than a regular estate and is widely underused.
How much does probate cost in Maryland?
It depends on the path. A small estate has no filing fees and no commission. A regular estate pays a graduated probate fee based on the size of the estate, plus a personal representative commission capped at 9 percent of the first $20,000 of the estate and 3.6 percent above that (Estates and Trusts 7-601). Attorney fees, if you use one, are separate.
I live out of state and inherited Maryland property. Do I have to probate twice?
Usually not. If you are already the appointed personal representative in the state where the decedent lived, Maryland’s foreign personal representative procedure lets you file with the Maryland Register of Wills, pay any Maryland inheritance tax on the Maryland property, and record documentation to put title in the heirs, without opening a full second probate (Estates and Trusts 5-501 through 5-507; Maryland Rule 6-501).
Can a disinherited spouse still claim the family home in Maryland?
Often, yes. Maryland’s elective share lets a surviving spouse claim one-third of the estate if there are descendants, or one-half if not, measured against an augmented estate that includes revocable trusts and certain transfers made during life (Estates and Trusts 3-403 and 3-404). A spouse who was deeded out of the home may still be able to reach its value, subject to the filing deadline in Estates and Trusts 3-407.
Can my co-heirs force the sale of inherited Maryland property?
They can ask a court to partition it, but Maryland’s Uniform Partition of Heirs Property Act gives the other co-owners protections first, including an appraisal, a right to buy out the share of the heir who wants to sell, a preference for dividing the property where practical, and an open-market sale rather than an auction if a sale is ordered (Real Property 14-107.4 and following).
We are behind on property taxes on an inherited Maryland home. Can we lose it to a tax sale?
It is possible, but Maryland has strengthened protections for inherited homes. As of January 1, 2026, certain eligible owner-occupied and heir-occupied homes are withheld from tax sale under tighter notice and redemption rules, and a separate Legacy Protection Program helps qualifying heirs become the record owner and stay in the home. These protections depend on registry and Tax Sale Ombudsman designation steps, so they are not automatic. Acting quickly and contacting the county and the State Tax Sale Ombudsman matters.