Can I Sell a House Before Probate Is Finished in Maryland?

The short answer is yes; a house can generally be sold by the Personal Representative before the probate process is complete. There are often practical reasons for doing so. For example, the house may be expensive to maintain, additional mortgage payments and property taxes may accrue, transfer taxes, not to mention insurance costs, exposed liability and potential repairs.

Maryland law provides broad authority to the Personal Representative to sell, mortgage, or lease an estate property. The first and most important thing to determine is how the house is titled. If the property is jointly owned with rights of survivorship, it may pass to the surviving owner rather than becoming an asset of the estate. Similarly, property held in a trust may be handled outside of the probate estate.

If you determine the house is part of the probate estate, the Personal Representative may have the authority to sell the property during the estate administration process. Proceeds from the sale become estate assets and must be accounted for and used or distributed according to Maryland law and the terms of the will, if one exists. Whether selling the property or not, the Personal Representative remains responsible for addressing viable creditor claims, taxes, water bills, and property maintenance.

If you are the Personal Representative of a Maryland estate and considering selling a property, consider consulting an experienced Maryland probate attorney for guidance. For a free, confidential conversation to discuss probate, contact Maryland estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

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