For most Maryland families, the home is the largest asset they own. It carries decades of memories, and for many people, it represents the most significant thing they plan to leave behind. So it’s worth understanding exactly what happens to that home when you pass away — because the answer is often not what people expect.
The Probate Problem
If your home is titled in your name alone and you pass it through a will, it goes through Maryland’s probate process before your heirs receive it. Maryland’s Orphans’ Court oversees that process, and it takes time — often a year or more. During that period, the property is tied up. Your family may be paying the mortgage, taxes, and upkeep on a home they legally cannot yet sell or refinance.
Probate also costs money. Maryland’s personal representative fees, attorney fees, and court costs can meaningfully reduce what your family receives. And the process is public record — the details of what you owned and who received it are accessible to anyone who looks.
Joint Ownership Isn’t Always the Answer
Many couples own their home as joint tenants with right of survivorship, which means the surviving spouse automatically inherits the property without probate. That works well for married couples. But problems arise later. When the surviving spouse eventually passes away, the home is now in one person’s name — and it goes right back into probate.
Adding an adult child to the deed may seem like a simple fix, but it creates its own risks. That child’s share of the property becomes exposed to their creditors, lawsuits, and even divorce proceedings. A deed transfer also triggers gift tax considerations and can affect the child’s cost basis in ways that create unexpected capital gains taxes when the home is eventually sold.
How a Trust Changes the Picture
Transferring your home into a revocable living trust is often the cleanest solution. The trust owns the property, but nothing about how you live in or manage your home changes during your lifetime. When you pass away, your successor trustee handles the transfer to your heirs privately, without court involvement and without delay.
A trust also allows you to set conditions — allowing a spouse or child to remain in the home for a period of time before it is sold, for example — in a way that a deed transfer simply cannot accomplish.
Maryland also has a tool called a Transfer on Death deed, which allows you to name beneficiaries who inherit your home automatically when you die, bypassing probate. For some families, this is a workable option. But it comes with limitations: it doesn’t cover incapacity, doesn’t allow for complex instructions, and can create complications if beneficiaries predecease you or if you want to adjust your plan. Also, Transfer on Death deeds will not go into effect until October 1, 2026, and if you file one of these and pass away prior to October 1, the deed will not work as intended.
The right approach depends on your family situation, your goals, and the full picture of your estate. What matters is making a deliberate choice — rather than letting the default rules decide for your family.
We can help! If you’re ready to get started on your planning, begin by booking a Peace of Mind Planning Session. We’ll answer your questions, go over your options, and talk about our flat fees. Mention this Article and we’ll waive the $300 session fee: