Dominion Properties can help
Inheriting a property can be stressful and overwhelming. At Dominion Properties, we’ve worked alongside countless families navigating the challenging inheritance process, and we’re here to shed light on what probate is, why it matters, and how you can approach it with clarity and confidence.
What Is Probate, and Why Does It Matter?
Probate is the legal process of settling a deceased person’s estate. In Maryland, if someone passes away owning property, probate is often required to transfer ownership to the heirs officially. Think of probate as the legal system’s way of ensuring all debts are paid, rightful heirs are identified, and property can be sold or retained.
The process includes appointing a personal representative—someone who acts as the estate’s manager—and obtaining “letters of administration,” the golden ticket that allows properties to be sold. Without these steps, ownership can remain in legal limbo, complicating everything from selling the home to paying taxes.
Triggers for Probate in Maryland
Probate in Maryland is typically triggered when a property owner passes away without transferring ownership before death, such as through a trust. The type of probate—small or regular estate—depends on the estate’s total value:
- Small Estates: Up to $50,000 (or $100,000 if the spouse is the sole heir).
- Regular Estates: Above these thresholds.
If you’re unsure whether probate applies to your situation, Maryland’s Register of Wills offers resources and forms to guide you through the first steps.
Common Challenges and Misconceptions
Misconceptions about probate often complicate the process. For example, many assume that having a will eliminates the need for probate. While a will simplifies the process by naming heirs and personal representatives, probate may still be required to validate the document and manage the estate. Additionally, you will have to verify the will has been properly filed. In Maryland, the requirements for a valid will include: the document is in writing, the document is signed by the person making the will, and lastly the document is signed by two credible witnesses.
Another challenge? Property condition. Inherited properties are often older, with deferred maintenance or outdated features. This can affect their market value and make selling them more complex.
Steps to Take When You Inherit Property
Here’s a roadmap for those first uncertain days:
- Understand the Estate’s Size: Determine whether it qualifies as a small or regular estate.
- Gather Necessary Documents: Locate the will, if one exists, and organize financial records.
- Appoint a Personal Representative: This person will oversee the probate process.
- Consult Professionals: An attorney or experienced partner like Dominion Properties can make all the difference in streamlining this journey.
Selling a Probate Property: What to Expect
Selling a home during probate involves extra steps but is entirely possible with the right support. The court must approve the sale, and buyers need to be informed of the probate status. At Dominion Properties, we’ve handled countless probate cases and understand the nuances—from dealing with heirs to navigating court deadlines. Whether the home is in pristine condition or needs significant repairs, we’re equipped to provide fair, quick solutions tailored to your timeline.
How Dominion Properties Can Help
Probate is more than just paperwork—it’s often an emotional process that comes at a difficult time. That’s why we approach every case with care, sensitivity, and efficiency. Our team doesn’t just guide you through the legalities; we work to ease your burden during this transition.
Having handled dozens of probate properties in Maryland just in the last year, we’ve built a reputation for not just solving problems but doing so with empathy and respect.
Ready to learn more? Reach out to us today for a free consultation by calling 443-412-8663.
The above article was based on an interview with Victoria Robinson, Acquisitions Manager at Dominion Properties. Dominion Properties is a cash home buyer in the greater Baltimore area operating over 800 rental properties and transacting more than 100 homes a year.