Can I sell a house while it's in probate in Prince George's County?

If you own a house in Prince George's County, MD and you are dealing with inherited property, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Prince George's County and how sales are handled in MD, not generic national advice.

Direct Answer

Yes, you can sell a house while it is in probate in Prince George's County, Maryland. To do this, the court must first appoint a "Personal Representative" who receives "Letters of Administration," giving them the legal authority to sign a deed and transfer the property to a buyer. While the house can be sold before the entire probate case is closed, the money from the sale must typically stay in an estate bank account until the court approves the final distribution to the heirs.

Key Details

Selling a house in probate is different from a normal home sale because the person who passed away can no longer sign the legal documents. In Maryland, the "Estate" becomes the temporary owner of the property.

The Role of the Personal Representative

Before anything can happen, someone must be in charge. If there is a will, this person is usually called the Executor. If there is no will, the court appoints an Administrator. In Maryland, both roles are called the Personal Representative (PR). You cannot list the house for sale or sign a contract until the Register of Wills issues you Letters of Administration. This document is your "golden ticket" that proves to title companies and real estate agents that you have the power to sell the home.

Appraising the Property

One of the most important steps in Maryland probate is getting an official appraisal. You cannot simply guess what the house is worth. The PR must determine the "fair market value" as of the date the person passed away. This is crucial for two reasons:

1. Court Filing: You must report this value on the "Inventory" form filed with the court.
2. Tax Basis: This value sets the "stepped-up basis," which can significantly reduce or even eliminate capital gains taxes when you sell the property.

The Sale Process

Once you have your Letters of Administration and an appraisal, you can hire a real estate agent. It is often recommended to find a "Certified Probate Real Estate Specialist" (CPRES) who understands the extra paperwork involved. When a buyer makes an offer, the PR signs the contract on behalf of the estate. In many cases in Prince George’s County, if the will grants the PR the "power of sale," you may not need specific court permission for every step. However, if the will is silent or if there is no will, you may need to petition the Orphans' Court for permission to sell.

Where Does the Money Go?

When the house closes, the money does not go directly to the heirs. Instead, the check is made out to "The Estate of [Deceased Person's Name]." The PR must put this money into a dedicated estate bank account. This money is then used to pay off the deceased person's debts, funeral expenses, taxes, and court fees before any leftovers are given to the family.

MD-Specific Laws

Maryland has several unique laws that impact how much you keep from a home sale and how fast the process moves.

Regular vs. Small Estates

Maryland divides probate into two main categories based on the value of the assets:

• Small Estate: If the property (excluding assets with named beneficiaries) is worth $50,000 or less, it is a small estate. If the surviving spouse is the only heir, this limit increases to $100,000. These move faster and have fewer forms (MD Code, Estates and Trusts § 5-601).
• Regular Estate: If the house makes the estate worth more than the limits above, you must file for a Regular Estate. This involves more supervision and a longer timeline, usually 6 to 12 months.

Maryland Inheritance Tax

Maryland is one of the few states with an Inheritance Tax. This is a 10% tax on the value of the property. However, most close family members are exempt (they don't have to pay it). You do not pay inheritance tax if you are the deceased person's:

• Spouse, child, or grandchild.
• Parent or grandparent.
• Sibling (brother or sister).
• Step-parent or step-child. If you are a niece, nephew, friend, or cousin, you will likely owe the state 10% of your share of the house's value (MD Code, Tax-General § 7-204).

Maryland Estate Tax

This is separate from the inheritance tax. Maryland only charges an estate tax if the total value of everything the person owned exceeds $5 million (as of 2024). Most local residents do not have to worry about this, but for very expensive properties, the tax rate can go up to 16%.

Transfer-on-Death (TOD) Deeds

As of current 2024 regulations, Maryland has relied on "Life Estate Deeds" to avoid probate. However, a new law called the Maryland Transfer-on-Death Deed Act was signed in 2026 and becomes fully effective October 1, 2026. This will allow homeowners to name a beneficiary on a deed so the house skips probate entirely when they pass away. If the death occurred before this law was active, the house must go through the standard probate process.

Prince George's County Local Context

In Prince George’s County, all probate matters are handled by the Office of the Register of Wills and the Orphans' Court.

Contact Information

• Location: Prince George's County Courthouse, 14735 Main Street, Room D4001, Upper Marlboro, MD 20773.
• Phone: (301) 952-3250.
• Current Register of Wills: The Honorable Cereta A. Lee.
• Hours: Monday through Friday, 8:30 AM to 4:30 PM. Note that many services currently require an appointment.

Local Procedures

When you visit the courthouse in Upper Marlboro, you should bring the original will (if there is one) and a certified copy of the death certificate. Prince George's County requires you to publish a notice in a local newspaper of record (such as The Prince George's Post or The Enquirer-Gazette) to alert creditors that the estate is open. This starts a 6-month clock for creditors to make claims against the sale proceeds.

What You Can Do Right Now

1. Find the Original Will: The court will not accept a photocopy unless you go through a difficult hearing process.
2. Obtain Death Certificates: Order at least 5-10 certified copies; you will need them for the court, the bank, and the title company.
3. Secure the Property: Ensure the grass is cut and the locks are secure. Change the insurance to a "vacant home policy" if no one is living there, as standard policies may cancel if the home is empty for more than 30-60 days.
4. Make an Appointment: Call the Register of Wills at (301) 952-3250 to schedule your "New Estate" opening.
5. Identify Heirs and Creditors: Start a list of all immediate family members and any known debts (mortgages, utility bills, etc.) that will need to be paid from the home sale.