How To Pass Down Property In Maryland Without Probate

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

If you’ve ever lost a loved one and had to handle their affairs, you know just how stressful and exhausting the legal aftermath can be. Probate court. Paperwork. Delays. Confusion. And too often, families torn apart by miscommunication or unmet expectations.

Now imagine this: your family grieving your loss – while also facing court fees, frozen bank accounts, and a home they can’t sell, refinance, or even legally access.

That’s what happens when real property isn’t passed down the right way.

At Liberty Legacy Law Group, we help Maryland families avoid that pain by planning ahead – and one of the most important conversations we have is how to pass down property without the burden of probate.

This blog will walk you through why probate can be a problem, how property passes under Maryland law, and your best options for keeping your home out of court.

What is Probate – and Why Do We Avoid It?

Probate is the court-supervised process for distributing a deceased person’s estate. In Maryland, that means:

• Filing the will (if there is one)
• Appointing a personal representative
• Valuing the estate
• Paying off debts
• Distributing what’s left

Sounds simple enough – until you live it.

Probate can take months to years, often costs thousands in attorney and court fees, and requires multiple filings, public notices, and detailed inventories.

And while probate is sometimes necessary, it’s rarely ideal – especially when there are alternatives that provide a faster, clearer, more private way to transfer property.

What Happens to Property When There’s No Plan?

If someone dies owning real estate in their name alone and without proper estate planning, Maryland law determines what happens next. That often means:

• The property must go through probate.
• The surviving spouse or children may not inherit automatically.
• Title to the property is “frozen” until the court authorizes a transfer.

Even with a will, the property still goes through probate unless it’s been titled or transferred in a way that bypasses court involvement.

The sad truth? We’ve seen many families lose time, money, and peace simply because no one updated the deed.

5 Smart Ways to Pass Property Without Probate in Maryland

Now that we understand the problem, let’s talk about solutions. There are several effective tools you can use to ensure your home passes to your loved ones without court involvement.

1. Own Property as Joint Tenants with Right of Survivorship

This is one of the simplest strategies: co-own the property with the person you want it to pass to, and include survivorship language.

For example, married couples often hold title as “Tenants by the Entirety” – a form of joint ownership that includes the right of survivorship. When one spouse dies, the surviving spouse automatically becomes the sole owner, no probate required.

This also works for non-spouse co-owners if the deed clearly states “Joint Tenants with Right of Survivorship.”

But beware:
If your deed just says “Tenants in Common,” there is no survivorship. Each owner’s share goes through probate when they pass.

2. Use a Revocable Living Trust

A Revocable Living Trust is one of the most powerful tools we use to help families avoid probate – not just for real estate, but for all assets.

Here’s how it works:

• You create a trust and name yourself as trustee.
• You transfer your property into the trust (this means recording a new deed).
• You name backup trustees and beneficiaries who take over when you pass.

When that day comes, your home doesn’t go through probate – your successor trustee simply follows your instructions.

• No court filings
• No frozen assets
• No public record
• Full control while you’re alive

It’s especially useful for families who:

• Want to leave property to multiple beneficiaries
• Have blended families
• Own property in multiple states
• Have minor or special needs children

At Liberty Legacy Law Group, we create customized trusts that reflect your values, your goals, and your life – not some cookie-cutter document that doesn’t fit.

3. Create a Life Estate Deed (But Get Legal Advice First)

A Life Estate Deed allows you to retain ownership and use of your home during your lifetime, while ensuring that it automatically passes to a named beneficiary – called a “remainderman” – upon your death, avoiding probate.

It may sound simple, but there are multiple types of life estate deeds, including traditional life estates, enhanced life estate deeds, and life estates with powers reserved. The differences between them can significantly affect your control over the property, tax treatment, Medicaid planning, and flexibility to change your mind later.

That’s why it’s essential to use legal guidance when creating one – doing it incorrectly could accidentally trigger tax liabilities, restrict your ability to sell or refinance, or leave your heirs with complications you never intended.

Here’s what to watch out for:

• Loss of Control – In certain types of life estates, you can’t sell or refinance the property without your beneficiary’s consent.
• Tax Surprises – Transferring the home incorrectly can forfeit the step-up in basis and create capital gains tax issues.
• Medicaid Risks – Life estates could count against you for Medicaid eligibility and look-back periods.
• Irrevocability – Once recorded, it may be very difficult – or impossible – to reverse without agreement from all parties.

We help our clients weigh the pros and cons carefully, and when appropriate, explore alternative tools like revocable living trusts that often offer greater control and flexibility.

4. Transfer Property to a Trust You Already Have

Many people create a trust – but never fund it. In other words, they leave the home titled in their own name, defeating the purpose.

If you already have a trust, it’s essential to work with an attorney to:

• Prepare a deed transferring the property to the trust
• Ensure the county land records are updated

It’s a small step that makes a huge difference when the time comes.

5. Keep Your Deed Updated to Reflect Life Changes

Sometimes the best way to avoid probate is simply to keep your paperwork current.

Too many families forget to:

• Remove a deceased spouse or parent from title
• Update ownership after divorce
• Add a new spouse or child
• Retitle property after refinancing

If your life has changed, your deed should change too. It’s a simple review that can save your loved ones years of legal complications.

Why Maryland Families Are Especially at Risk

Many of our clients are hard-working, middle-class families – people who own their homes, run small businesses, and stretch every dollar to build something that lasts.

And here’s the truth: probate hits these families the hardest.

They don’t have legal teams.
They don’t have the cash to cover long court battles.
They don’t want to leave their kids with debt, drama, or decisions they can’t make.

That’s why proactive planning matters so much. You don’t need to be wealthy to avoid probate. You just need to make a few wise, thoughtful decisions now.

How Liberty Legacy Law Group Helps

We’re not a mega firm.
We’re not just here to draft documents and move on.

At Liberty Legacy Law Group, we walk Maryland families through every step of the process – clearly, patiently, and without judgment.

• We review your current deed
• We explain your options (in plain English!)
• We help you understand the tax and legal consequences
• We prepare and record deeds when needed
• We build trusts that actually reflect your wishes
• We give you peace of mind – because your legacy deserves it

Final Thoughts: It’s Not Just Property. It’s a Promise.

Your home isn’t just a structure – it’s part of your story.

It’s where birthdays were celebrated, holiday meals were shared, and milestones were reached. It’s where you protected your family in life. And now, you have the power to protect them in death – by making sure what you leave behind doesn’t create confusion, chaos, or conflict.

Whether you’re planning for retirement, dealing with the loss of a spouse, or just getting your affairs in order – now is the time to review your deed and make a plan.

It’s not too early.
It’s not too complicated.
And you’re not in this alone.

Let’s pass down your property with purpose – not probate.

At Liberty Legacy Law Group, we’re ready when you are. Contact us today.