Probate and Recording Deeds in Prince George's County (Upper Marlboro, Hyattsville), Maryland
Where to file a will or open probate, and where to record a deed, in Prince George's County (Upper Marlboro, Hyattsville) — with the state rules that apply.
Probate court
Register of Wills for Prince George's County
Recording deeds
Prince George's County Circuit Court Clerk - Department of Land Records
Recording fee: Instrument of 9 pages or fewer (other than a release) or involving solely a principal residence: $60; instrument of 10 pages or more (not solely principal residence): $115; release of 9 pages or fewer: $50 (instruments executed 7/1/11 or after; statewide Circuit Court fee schedule) Fee schedule
Maryland rules that apply
| Small estate affidavit | 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. |
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| Probate steps | File the original will (it must be filed in the county where the decedent lived even if there are no probate assets) and open the estate with the Register of Wills in that county: petition for administration (small or regular), death certificate, consents if needed, resident-agent form for an out-of-state personal representative, and asset values. Most estates use administrative probate by the Register; any interested person may ask for judicial probate before the Orphans' Court. In a regular estate the personal representative posts bond (or a nominal bond if waived), publishes notice of appointment, files an inventory, pays valid claims, files accounts with the Register, and closes the estate. Maryland sets no deadline to open an estate. See also the Register of Wills FAQ: https://registers.maryland.gov/main/faq.html |
| Signing and recording a deed | A deed must name the grantor and grantee, describe the property with reasonable certainty, state the interest granted, and be executed and acknowledged (notarized). It is recorded with the Clerk of the Circuit Court (land records) in the county where the property is located, accompanied by a completed intake sheet, with the county tax collector's certificate that current property taxes have been paid. Each signer's name must be typed or printed under the signature. State and county transfer and recordation taxes generally apply when a deed is recorded; rates and exemptions vary by county. Recording rules: § 3-104 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=3-104&enactments=false). |
| Transfer-on-death deed | 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. New law: applies to transferors who die on or after October 1, 2026. Before then, Maryland had no transfer-on-death deed statute. |
All Maryland wills, probate and estate rules · Eviction court and tenant help in Prince George's County (Upper Marlboro, Hyattsville)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.