How to Sell a House in Probate in Maryland
Yes. Maryland gives a personal representative broad power to sell estate real estate without a court order, unless the will restricts it. The estate is opened with the county Register of Wills, and once letters are issued, the personal representative can list or sell the house. Creditors generally have six months from the date of death, or two months after receiving notice if that's earlier. Some houses skip probate entirely through joint ownership with survivorship or, for owners who die on or after October 1, 2026, Maryland's new transfer-on-death deed.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Maryland families handling a loved one's house, including estates in Anne Arundel County. General information only; confirm the details with a Maryland estates attorney.
Is the House Part of the Estate?
- Tenants by the entiretyMarried couples in Maryland commonly own this way, and the survivor takes the house automatically.
- Joint tenants with survivorshipThe surviving owner takes it if the deed creates a joint tenancy.
- Transfer-on-death deedNew in Maryland as of October 1, 2026. A recorded TOD deed passes the house to the beneficiary outside probate when the owner dies on or after that date. (2026 Md. Laws ch. 751 (Transfer-on-Death Deed Act))
- TrustThe trustee sells under the trust.
- Everything elseA house in the decedent's name alone, or held as a tenant in common, goes through the estate.
Does the Orphans' Court Have to Approve the Sale?
Usually not. Maryland gives the personal representative statutory power to sell estate property, including real estate, without a court order, unless the will limits that power. (Est. & Trusts § 7-401) Most estates run through administrative probate with the Register of Wills, and the Orphans' Court only gets involved if someone files a dispute or asks for judicial probate.
With letters of administration in hand, a Maryland personal representative can usually sign a purchase contract without asking a judge first.
The Maryland Estate Timeline
- 1File the will and petition
With the Register of Wills in the county where the person lived. Anne Arundel's office is in Annapolis.
- 2Letters of administration
Maryland issues these to the personal representative whether or not there's a will.
- 3List of interested persons
Within 20 days of appointment in a regular estate.
- 4Inventory
Within three months, including the house at its date-of-death value.
- 5First account
Generally within nine months of appointment, reporting the sale and the money.
Want a Number to Compare Against?
Send me the address and how far along the estate is. I'll give you an as-is price to weigh against listing, and I'll say so if listing wins.
When Creditors Must File
Claims generally have to be presented within six months after the date of death, or two months after the personal representative mails or delivers notice to the creditor, whichever comes first. (Est. & Trusts § 8-103) The house can be sold during that time; just hold back enough to cover legitimate claims.
Three Ways the House Usually Goes
A Family Member Keeps It
Works when one heir wants it and can buy out the others or refinance.
The Estate Lists It
Usually the top price if the house shows well and the estate can wait. Maryland sellers give buyers either a disclosure statement or a disclaimer that the house is sold as-is, though personal representatives are generally exempt. Even with a disclaimer, a seller has to disclose known latent defects. (Real Prop. § 10-702)
An Investor Buys It As-Is
For a dated house, a long repair list or heirs living all over, an as-is sale takes the project off the estate's hands. Going as-is with a real estate investor keeps things simple: no parade of buyers through the house, no contractors, no weekend spent hauling out furniture, and the closing happens on your timeline. There's no clean-out when you sell to Dennis Buys Houses. Keep what you want, leave what you don't, and we handle the rest. If something personal or valuable turns up, we make sure it gets back to you.
The price accounts for repairs and the investor's risk; the estate gets a dependable closing and little to manage.
Slow Down With the Belongings
It's natural to want the house emptied quickly after a death, but the speed is how irreplaceable things get lost. I once found a homemade album in the last basement box a family left: a mother's careful record of her daughter growing up, which the daughter had never seen. I still go through what families leave, and anything personal or valuable comes back to them. (The full story is on my About page.)
Keep Taxes and Insurance Current
Maryland property taxes become overdue on October 1, and unpaid bills go to an annual county tax sale. (See Selling a House With Delinquent Property Taxes in Maryland.) A mortgage that falls behind can end in a court-supervised foreclosure. (See Selling a House in Foreclosure in Maryland.) And an empty house needs a policy that knows it's empty. (See Selling a Vacant House in Maryland.)
A Tenant or Relative Still There
A lease survives the owner's death, and a relative who won't leave may need to be removed through District Court. (See Selling a House With Bad Tenants in Maryland.)
Serving From Another State
A nonresident can serve as a Maryland personal representative but has to appoint a Maryland resident agent and may need a bond. Most filings can be handled by mail or through your attorney, and Maryland closings can be signed remotely. The house itself is the hard part from far away.
Where the Proceeds Go
Mortgage, back taxes and liens are paid first. The rest goes into the estate account, covers claims and expenses, and is then distributed. Maryland has both an inheritance tax and an estate tax. The inheritance tax is 10% for heirs outside the immediate family; spouses, children, parents, grandparents and siblings are exempt. The estate tax applies only to estates above $5 million.
When the Family Disagrees
Any interested person can ask the Orphans' Court to step in, and a contested estate moves slower. If heirs end up owning the house together and still disagree, any of them can file in circuit court for a partition sale. A neutral as-is figure on paper sometimes settles things first.
Why I Understand the Executor's Seat
I settled my own mother's estate after she spent her last months living with us. I'm not an attorney, and I won't advise you on the law. But I know what it's like to manage a house while you're grieving, and I'll be honest about the real-estate side, even when the right answer is to list with someone else. (More on my About page.)
Common Maryland Probate Mistakes
- Waiting to open the estate while taxes go unpaid.
- Missing a TOD deed or survivorship deed already on record.
- Distributing proceeds before the creditor period ends.
- Forgetting the 10% inheritance tax for non-exempt heirs.
- Leaving an empty house on a standard homeowners policy.
- Skipping the latent-defect disclosure even when selling as-is.
Where I Fit, and Where I Don't
Maryland estates call me when the house needs significant work, is still full, has been sitting empty, or the family lives out of state.
Dennis Buys Houses also won't ask you to clear the place out. Whatever stays behind becomes our job.
If it's updated and the estate isn't in a hurry, an agent will likely bring more, and I'll tell the family that.
Either way, I'll give you a straight, upfront answer on whether I'm a good fit.
What One Family Shared
“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Usually, yes. Maryland law gives the personal representative power to sell real estate without a court order unless the will restricts it.
Six months from the date of death, or two months after receiving notice from the personal representative, whichever is earlier.
No. With an as-is sale, take what you want and leave the rest. Dennis Buys Houses handles what's left.
Yes, starting October 1, 2026, for owners who die on or after that date.
Yes, 10% for heirs outside the immediate family. Spouses, children, parents, grandparents and siblings are exempt.
Anyone interested can ask the Orphans' Court to intervene, and co-owners can file for a partition sale.
Your county Register of Wills posts Maryland estate forms. Key law: Est. & Trusts § 7-401 (powers), Est. & Trusts § 8-103 (claims) and 2026 Md. Laws ch. 751 (Transfer-on-Death Deed Act).
Maryland Selling Guides
- Selling an Inherited House in Maryland
- Selling a Vacant House in Maryland
- Selling a House With Bad Tenants in Maryland
- Selling a House in Foreclosure in Maryland
- Selling a House With Delinquent Property Taxes in Maryland
Know What the House Is Worth First
Tell me where it is and where the estate stands. I won't give legal advice, but I'll tell you what it brings as-is, how a sale fits the estate timeline, and whether listing would leave the heirs more.