Deeds Vs. Wills In Maryland: Which Is Better For Real Estate?

By Melissa N. Paddy, Esq., Liberty Legacy Law Group

When it comes to estate planning, few questions come up more often than this:

“Should I just add my child to the deed or leave the house to them in my will?”

On the surface, both options seem simple. But in reality, how you choose to transfer your home – or any real estate – can have major legal, financial, and emotional consequences for your family.

As an estate planning attorney who’s helped hundreds of Maryland families navigate these choices, I can tell you this:

There is no one-size-fits-all answer.
But there is a smarter way to plan – when you understand the difference.

This post breaks it down clearly and without legal jargon, so you can make informed decisions that actually support your goals.

Why Your Home Deserves Special Attention

Your house isn’t just a place – it’s often your most valuable asset. For many Maryland families, it holds equity, memories, security, and legacy. It’s also where estate planning gets unnecessarily risky when people try to take shortcuts.

Wills and deeds are both legal tools – but they serve different purposes and function in very different ways when it comes to real estate.

Let’s start by defining them.

What Is a Will?

A Last Will and Testament is a legal document that directs how your assets will be distributed after you die. It allows you to:

• Name beneficiaries
• Appoint a personal representative (executor)
• Choose guardians for minor children
• Direct who should receive your real estate and other property

BUT – and this is a big one – assets that pass through a will must go through probate.

So What Is Probate?

Probate is the court-supervised process of validating your will, settling debts, and distributing assets. In Maryland, this process can take months – or even years – depending on the size and complexity of the estate.

When your house is only addressed in a will, your loved ones cannot immediately sell, transfer, or refinance the property. They’ll need to:

• Open an estate in court
• Appoint a personal representative
• File inventories and notices
• Wait for the court’s approval before transferring title

It’s not always a nightmare, but it is public, time-consuming, and avoidable – if you plan ahead.

What Is a Deed?

A deed is a legal document used to transfer ownership of real estate from one party to another. In estate planning, certain types of deeds can be used to:

• Add co-owners with survivorship rights
• Create life estate interests
• Transfer property into a trust
• Title property to automatically pass at death

Unlike wills, deeds can be used to avoid probate entirely – but only if they’re drafted and recorded correctly.

Common Deed Strategies in Maryland

There are a few deed-based approaches people often ask about. Some can be helpful, while others come with major risks.

1. Joint Tenants with Right of Survivorship
When two people own property jointly with survivorship rights, the surviving owner automatically receives full ownership when the other dies – no probate required.
✔Pros:

• Immediate transfer
• No court involvement

❌ Cons:

• Doesn’t allow control over future beneficiaries
• Risky if one owner is sued, divorces, or files for bankruptcy

2. Tenants by the Entirety
A special form of joint ownership for married couples in Maryland that includes survivorship and creditor protection.
✔ Pros:

• Strong protection and simplicity for spouses

❌ Cons:

• Only works for married couples
• Doesn’t help if both spouses die simultaneously

3. Life Estate Deeds
You retain the right to live in your home during your lifetime (the “life estate”) and name someone to inherit it automatically at your death (the “remainderman”).✔ Pros:

• Avoids probate
• Allows you to stay in your home

❌ Cons:

• Difficult to change
• Can cause tax and Medicaid complications if not done correctly

4. Deeding Property into a Trust
Transferring your home into a revocable living trust keeps it out of probate, while still giving you full control during your life.
✔ Pros:

• Avoids probate
• Allows detailed instructions for future ownership
• Can protect beneficiaries from themselves, creditors, or divorce

❌ Cons:

• Must be paired with a properly drafted trust
• Requires accurate deed preparation and titling

Why Adding Someone to the Deed Can Backfire

One of the most common (and most dangerous) “DIY” estate planning moves we see is when a parent adds an adult child to their deed to “avoid probate.”

It sounds harmless – but it can lead to:

• Gift tax issues
• Loss of control over your home
• Exposure to your child’s debts, lawsuits, or divorce
• Major capital gains tax consequences

Depending on the type of deed, once your child is a co-owner, you may be preventing from selling or refinancing without their consent. And if something happens to them, their share may pass to someone you never intended.

The safer approach? Use legal tools that give you flexibility, protection, and clarity – not just convenience.

Wills vs. Deeds: Side-by-Side Comparison

Which One Is Right for You?

The real answer is: it depends on your goals, your family, and your future.

Here’s how we guide our clients through the decision:

You might lean toward a will if:

• You’re just starting out and need something simple
• You don’t mind the probate process
• Your home is jointly titled with a spouse and passes automatically

You might benefit more from deed-based planning or a trust if:

• You want to avoid probate
• You want to keep your affairs private
• You have children from a previous relationship
• You want to leave your home to multiple people
• You want to protect assets from creditors or instability
• You want to plan for incapacity and long-term control

At Liberty Legacy Law Group, we never take a cookie-cutter approach. We walk you through the risks, the benefits, and the why behind every option – so your plan works when it matters most.

Final Thoughts: It’s Not About the Document – It’s About the Outcome

Too many Maryland families come to us after someone has passed – confused, overwhelmed, and stuck with property that’s tied up in red tape.

They didn’t expect a probate fight.
They didn’t know the deed wasn’t updated.
They thought a will would “be enough.”

That’s why we’re here – to help you get it right now, not when it’s too late.

Real estate is often your biggest asset.
Let’s make sure it’s protected, passed down the way you intend, and as stress-free as possible for the people you love.

Because at the end of the day, it’s not about paperwork.
It’s about peace of mind.

Want To Find Out If Your Deed is Set Up Correctly?

We offer deed reviews and strategy sessions tailored to your specific property, family, and planning goals. Let’s take a look – so you can move forward with clarity. Contact us today.