Owings Mills, MD asked in Real Estate Law for Maryland

Q: Can deed of assignment be recorded if the owner is deceased in Maryland

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Depends. Need to know who’s names were on the deed and how title was held by them (e.g., sole owner, married couple holding title as tenants by the entireties, joint tenants with right of survivorship, tenants in common). If there is a surviving joint owner, either T by E or JTWROS, then all you need is a death certificate for the deceased owner and a new deed naming the living owner, and record both. If TC or sole owner dies, then an estate needs to be opened and the PR must execute a deed to the heirs, or to whomever wants to but the property from the estate.

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