Dealing with the passing of a loved one is already stressful enough, but often when a property owner passes away, of the first questions families ask is:
What happens to the house now?
In Washington, DC and Maryland, the answer depends entirely on how the property was titled before death. There is no single default rule, and misunderstandings in this area frequently lead to delays, unnecessary legal fees, and stress for surviving family members.
Below is a practical overview of the most common scenarios and what typically needs to happen next.
It Depends on How the Property Was Owned
Residential property is generally owned in one of four ways. Each has very different legal consequences when an owner dies.
Property Held in Joint Tenancy with Right of Survivorship or Tenancy by the Entirety
If a property is owned as joint tenants with right of survivorship or tenancy by the entirety, the surviving owner automatically inherits the deceased owner’s interest by operation of law.
However, this does not mean the land records update automatically.
In most cases, the surviving owner still needs to:
- Record a new deed reflecting the updated ownership
- Submit a certified death certificate
- Comply with local recording and formatting requirements
Failing to record a follow-up deed often creates problems later when the property is sold or refinanced.
For further information, visit: Changing the Tenancy to a Deed after Marriage
Property with a Transfer on Death (TOD) Deed
Both Washington, DC and Maryland allow Transfer on Death (TOD) deeds, although Maryland adopted them more recently and they are still less commonly used.
A TOD deed allows an owner to name a beneficiary who will receive the property upon the owner’s death without probate.
A common misconception is that a TOD deed eliminates all post-death paperwork. It does not.
A TOD deed:
- Avoids probate for the property
- Identifies who is entitled to receive the property
After the owner’s death, the beneficiary typically must still:
- Prepare and record a new deed
- File required affidavits
- Provide certified death certificates
- Ensure compliance with tax and recording rules
For further information on transfer on death deeds in DC, please visit: Transfer on Death Deeds in DC: An Estate Planning Tool
Visit this link for statutory reference on transfer on death deeds in Maryland.
Property Owned by a Revocable Living Trust
If the property was properly titled in the name of a revocable living trust before death, probate is usually avoided.
That said, additional steps are often still required, including:
- Confirming that the deed correctly names the trust
- Documenting successor trustee authority
- Recording confirmatory or trustee deeds when required by a title company
This is a common point of failure in estate planning, where the trust exists but the deed does not fully align with it.
For further information on transferring a property into a trust in Maryland, visit: How to Transfer a Property into a Trust in Maryland
Individual Owner (No TOD Deed, No Trust)
If the deceased owned the property in their individual name only, and there is no TOD deed or trust, the property generally becomes part of the probate estate.
In this situation:
- Probate is usually required
- A personal representative (executor) must be appointed
- The property can only be transferred after court authority is established
This process can take months or longer, depending on the complexity of the estate.
For further information, visit:
Why These Issues Often Surface Years Later
Many families assume everything was handled correctly and only discover a problem when:
- The property is listed for sale
- A refinance is attempted
- A surviving owner tries to add or remove someone from title
At that point, a title company reviews the full chain of ownership, and unresolved post-death issues can quickly derail a transaction.
Fixing these issues later is usually more expensive and more time-sensitive.
Common Post-Death Property Mistakes
Common issues include:
- Assuming ownership updated automatically
- Failing to record a deed after a TOD transfer
- Incomplete trust funding
- Old ownership interests never being properly cleared
These problems are often avoidable with timely guidance and properly prepared deeds.
The Bottom Line
When a homeowner dies in Washington, DC or Maryland:
- Property ownership does not automatically update in the land records
- The outcome depends on how title was held
- A new deed is often required, even when probate is avoided
Understanding this early can save families significant time, expense, and stress.
Need Help with a Post-Death Property Transfer?
If you are dealing with a home after the death of an owner and are unsure:
- Whether probate is required
- Whether a new deed must be recorded
- Or whether title is currently correct
Getting clarity early can prevent costly delays later. Contact Gentile Property Law Office, LLC for guidance with post-death property transfer
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