04:30
Faizan
It's a somewhat common misconception that if someone dies without a will, there's no need for probate. In reality, whether someone dies with a will or without one, there's no other way to change the name on a property that the deceased owned in his sole name. This is true in all states -- including Maryland. The lack of a will means that the state will get involved in deciding who gets the house.
Intestate Estates in Maryland
If your parent died intestate -- which means without a will – and if he held title to his property in his name alone, you must open probate to change his name to that of an heir. Normally, the executor named in his will would take care of this, but if he left no will, the court must appoint someone as personal representative to administer his estate. After a personal representative, or administrator, is named, all your parent's property will pass to his heirs in an order of priority called intestate succession. If your parent was married, his spouse receives $15,000 off the top of the estate and half the balance. You receive the other half of the estate, but if you have siblings, you must share this portion with them, assuming you're all adults. If any of your siblings are minors, your parent's spouse only receives half his probate property, and if your parent was divorced or a widower, you and your siblings receive the entire estate. If the property's value is not more than each heir's share of the estate, it's up to the personal representative and the court to determine which heir actually receives it -- while the others would receive other assets equal in value to their portions. Otherwise, the property may be transferred to heirs to own jointly, or liquidated so each can receive his share in cash instead. There's also a chance that the property might have to be sold if your parent left a lot of debts because these must be paid before probate can close.
Transferring the Property
After it's determined who gets the property, changing the name is a relatively simple process. The personal representative of the estate is responsible for drafting a personal representative deed, or she can have an attorney do so. When your parent died, his property became part of his probate estate and the personal representative can transfer ownership from the estate to an heir's name when she finalizes probate.
Exceptions to Probate
Your parent's property might not require probate if he did not hold title in his name alone. For example, if he was married, he might have held title with his spouse as tenants by the entirety. He may have held title with another individual – perhaps you or one of your siblings – as joint tenants. In both cases, the property would pass directly to the co-owner because both these forms of holding title include rights of survivorship. If you are already named as the surviving owner on the title of the property, you need only take the appropriate paperwork to the circuit court in the Maryland county where the property is located to put the property solely in your name. But call ahead because exactly what you'll need may vary depending on the county. Necessary documents usually include originals and copies of the deed and the death certificate. You may also have to sign a certification or affidavit stating that you are the person named as the other owner in the deed.
Property Held by Tenants in Common
An important distinction exists between property held as joint tenants and that held by tenants in common. If your parent held title to property with someone else as tenants in common, this form of ownership does not provide for rights of survivorship. This means that the property must pass through probate just as it would if your parent had owned it outright. However, only his portion of ownership would pass to an heir, so you could find yourself owning the property with a third party. A personal representative deed can only transfer the portion of the property that your parent actually owned.
Intestate Estates in Maryland
If your parent died intestate -- which means without a will – and if he held title to his property in his name alone, you must open probate to change his name to that of an heir. Normally, the executor named in his will would take care of this, but if he left no will, the court must appoint someone as personal representative to administer his estate. After a personal representative, or administrator, is named, all your parent's property will pass to his heirs in an order of priority called intestate succession. If your parent was married, his spouse receives $15,000 off the top of the estate and half the balance. You receive the other half of the estate, but if you have siblings, you must share this portion with them, assuming you're all adults. If any of your siblings are minors, your parent's spouse only receives half his probate property, and if your parent was divorced or a widower, you and your siblings receive the entire estate. If the property's value is not more than each heir's share of the estate, it's up to the personal representative and the court to determine which heir actually receives it -- while the others would receive other assets equal in value to their portions. Otherwise, the property may be transferred to heirs to own jointly, or liquidated so each can receive his share in cash instead. There's also a chance that the property might have to be sold if your parent left a lot of debts because these must be paid before probate can close.
Transferring the Property
After it's determined who gets the property, changing the name is a relatively simple process. The personal representative of the estate is responsible for drafting a personal representative deed, or she can have an attorney do so. When your parent died, his property became part of his probate estate and the personal representative can transfer ownership from the estate to an heir's name when she finalizes probate.
Exceptions to Probate
Your parent's property might not require probate if he did not hold title in his name alone. For example, if he was married, he might have held title with his spouse as tenants by the entirety. He may have held title with another individual – perhaps you or one of your siblings – as joint tenants. In both cases, the property would pass directly to the co-owner because both these forms of holding title include rights of survivorship. If you are already named as the surviving owner on the title of the property, you need only take the appropriate paperwork to the circuit court in the Maryland county where the property is located to put the property solely in your name. But call ahead because exactly what you'll need may vary depending on the county. Necessary documents usually include originals and copies of the deed and the death certificate. You may also have to sign a certification or affidavit stating that you are the person named as the other owner in the deed.
Property Held by Tenants in Common
An important distinction exists between property held as joint tenants and that held by tenants in common. If your parent held title to property with someone else as tenants in common, this form of ownership does not provide for rights of survivorship. This means that the property must pass through probate just as it would if your parent had owned it outright. However, only his portion of ownership would pass to an heir, so you could find yourself owning the property with a third party. A personal representative deed can only transfer the portion of the property that your parent actually owned.
Posted in: Estate Laws
