How to Avoid Probate in Maryland

Non-probate options include: transfer-on-death deeds for real property, for transferors dying on or after October 1, 2026 (Real Property §§ 14-1001 to 14-1014); securities registered in transfer-on-death (beneficiary) form (Estates & Trusts § 16-102); a revocable living trust (Estates & Trusts § 14.5-602); jointly titled vehicles passing to the surviving owner, and, starting October 1, 2026, a beneficiary designation on a jointly owned vehicle; and small estate administration for estates of $50,000 or less ($100,000 if the spouse is the sole heir or legatee) (Estates & Trusts § 5-601).

Maryland does not use a collect-by-affidavit procedure. Instead it has 'small estate' administration through the Register of Wills: available when the property subject to administration in Maryland is worth $50,000 or less, or $100,000 or less if the surviving spouse is the only heir or legatee. Value is fair market value minus debts secured by the property. Real estate counts toward the limit and may be included. There is no waiting period; the petition can be filed any time after death.

Yes, under the new Maryland Transfer-on-Death Deed Act, which takes effect October 1, 2026. An owner may transfer real property to one or more beneficiaries effective at death. The deed must meet the normal deed requirements (signed and acknowledged), must state that the transfer occurs at the transferor's death, and must be recorded in the land records of the county where the property is located before the owner dies. No notice to, delivery to, acceptance by or payment from the beneficiary is needed. The owner needs the same mental capacity as for a will, and the deed can be revoked by a later recorded deed or recorded revocation.