Maryland Probate: When a Decedent’s Home is in a Revocable Trust, but the Car is Not

Many Maryland families create revocable living trusts to avoid probate and the estate administration process. If the family home is transferred into a trust by a property deed, the trustee can typically manage or sell the property without court involvement and the oversight of the Register of Wills. Problems can arise when other assets, especially vehicles, are not transferred into the trust. Under Maryland law, a vehicle that remains titled in the decedent’s name is treated as a probate asset and thus must be administered through the probate estate.

Keep in mind that a revocable trust controls only those assets that are actually titled in the name of the trust. Consequently, the Maryland Motor Vehicle Administration will require Letters of Administration before allowing the vehicle to be transferred, even if the rest of the estate assets are administered through the trust.

If a vehicle or two are the only probate assets, the estate may qualify as a Maryland small estate, which is a simpler probate process but still requires court filings and the appointment of a Personal Representative.

If you are administering an estate or considering estate planning, consult an experienced probate attorney who can help identify potential problems and assist with resolving them as there are often several solutions each with different advantages. For a free, confidential conversation to discuss your probate or estate planning, contact Maryland estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

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