Filing an Affidavit of Heirship in Maryland

If a loved one passed away in Maryland without a will and owned real estate, you may need to file an affidavit of heirship to transfer that property to the rightful heirs. Without this document, the property can sit in legal limbo unmarketable, untitled, and stuck in the deceased person's name. Knowing how to file an affidavit of heirship in Maryland step by step can save your family months of delay, thousands in legal fees, and the stress of a full probate proceeding. This guide walks you through the actual process, from preparation to recording.

What Is an Affidavit of Heirship and When Do You Need One in Maryland?

An affidavit of heirship is a sworn legal statement that identifies the heirs of someone who died without a will (known as dying intestate). It establishes who is entitled to inherit the deceased person's property particularly real estate such as a house, land, or rental property.

In Maryland, this affidavit is most commonly used when:

The deceased owned real property in their name alone
There was no will directing how the property should be distributed
The heirs want to clear the title so the property can be sold, refinanced, or transferred
The estate qualifies for a simplified process rather than full probate court

Maryland has specific requirements for filing an affidavit of heirship in an intestate estate, and the process differs from probate in important ways. For a full comparison, see how an affidavit of heirship compares to probate in Maryland.

Who Can File an Affidavit of Heirship in Maryland?

Not just anyone can file this document. The person signing the affidavit called the affiant must have personal knowledge of the family history of the deceased. Typically, this is:

A surviving spouse, child, or sibling of the deceased
A close relative who can verify the identity of all legal heirs
Someone who knew the deceased and their family for a significant period of time

In many cases, Maryland requires two disinterested witnesses people who are not heirs themselves to also sign the affidavit. These witnesses confirm that the affiant's statements about the family are accurate. If you need the actual document format, our Maryland affidavit of heirship form instructions cover the legal guidelines in detail.

What Information Do You Need Before Filing?

Gather these details before you start the process. Missing information is the number one reason affidavits get rejected at the recorder's office.

Full legal name of the deceased, including any prior names or aliases
Date and place of death (you'll need the death certificate)
Date of birth of the deceased
Legal description of the real property not just the street address, but the full lot and block or metes-and-bounds description as it appears in the existing deed
Property address and tax ID/parcel number
Names, addresses, and birth dates of all legal heirs, including their relationship to the deceased
Marital history of the deceased whether they were married, divorced, or widowed, and the names of spouses
Whether the deceased had a will the affidavit of heirship applies only to intestate estates

Pro tip: Pull the existing deed from the Maryland county land records where the property is located. The legal description on that deed is exactly what you'll need on the affidavit. You can usually find this through the county's online land records portal.

How to File an Affidavit of Heirship in Maryland Step by Step

Step 1: Obtain the Correct Form or Draft the Affidavit

Maryland does not provide a single statewide standardized form for an affidavit of heirship. Some title companies and attorneys use their own templates. The document must comply with Maryland Real Property law and include all required elements: identification of the deceased, the property, the heirs, and the affiant's basis for personal knowledge.

If you're working with a title company or attorney, they will typically prepare the document for you. If you're drafting it yourself, make sure the language clearly states:

That the affiant personally knew the decedent
The family history and marital status of the decedent
The names of all heirs and their share of the estate under Maryland intestate succession law
That the decedent died without a will
That the affiant has no interest in the property (or discloses their interest)

Step 2: Have the Affidavit Notarized

The affiant must sign the affidavit in the presence of a notary public. The notary will verify the affiant's identity, witness the signature, and apply their official seal. Maryland law requires notarization for the document to be accepted for recording.

If disinterested witnesses are required, they must also sign before the notary. Check with the specific county's land records office, as some Maryland counties have additional requirements for witness signatures.

Step 3: Gather Supporting Documents

Along with the notarized affidavit, you should prepare:

A certified copy of the death certificate
A copy of the existing deed showing the deceased person's ownership
Any prior marriage or divorce records that establish the chain of heirs
Identification documents for the affiant and witnesses

While not all Maryland counties require supporting documents to be submitted with the affidavit, having them ready avoids delays. Some title companies will not accept an affidavit of heirship without a death certificate attached.

Step 4: Submit the Affidavit to the County Land Records Office

In Maryland, real property records are maintained at the circuit court level in the county where the property is located. You will file the affidavit with the Clerk of the Circuit Court's Land Records Division.

For example, if the property is in Prince George's County, you would file at the Prince George's County Circuit Court. If it's in Baltimore City, you would file with the Clerk of the Circuit Court for Baltimore City.

You can file in person or, in many Maryland counties, electronically through the state's e-recording system. Some counties also accept mail-in filings.

Step 5: Pay the Recording Fees

Recording fees vary by county but typically range from $10 to $40 for the first few pages, with additional charges for extra pages. Some counties also charge a surcharge for non-standard documents. Call ahead or check the county's website for current fees.

Step 6: Receive the Recorded Affidavit

After the clerk reviews and records the document, it becomes part of the public land records. The clerk will return the original recorded copy (or a conforming copy) to you. This recorded affidavit serves as evidence of heirship and is what title companies and buyers will reference when dealing with the property.

For a detailed timeline on how long the recording step takes, read how long it takes to record an affidavit of heirship in Maryland.

What Does It Cost to File an Affidavit of Heirship in Maryland?

The costs break down into two categories:

Recording fees: $10–$40 depending on the county and number of pages
Notary fees: $0–$10 per signature (Maryland notaries may charge up to $10 per notarial act)
Legal or title company fees: $200–$500+ if you hire a professional to prepare and file the document
Death certificate copies: $10–$25 per certified copy from the Maryland Division of Vital Records

Compared to probate, which can cost thousands in court and attorney fees, an affidavit of heirship is a much more affordable path when it applies.

Common Mistakes That Delay or Derail the Process

Here are the errors we see most often:

Using an incomplete or incorrect legal description. The property description must match the existing deed exactly. A street address alone is not enough.
Failing to list all heirs. If you leave out a legal heir even one you haven't spoken to in years the affidavit may be challenged. Under Maryland intestate succession, half-siblings, children from prior marriages, and even distant relatives can have legal claims.
Not getting the affidavit notarized. An un-notarized affidavit will not be accepted by the land records office.
Filing in the wrong county. The affidavit must be recorded in the county where the property is located, not where the deceased lived (if those differ).
Confusing an affidavit of heirship with a deed. The affidavit does not transfer title by itself. It establishes who the heirs are. A separate deed or court order may be needed to actually convey ownership.
Assuming it works for all situations. If the estate has significant debts, disputes among heirs, or a will that exists, you may need to go through probate instead. The differences between an affidavit of heirship and probate in Maryland are worth reviewing before you proceed.

Practical Example: Filing After a Parent Dies Without a Will

Imagine your mother passed away in Anne Arundel County. She owned a home in her name only, had no will, and is survived by three children. Here's how the process would work:

You gather your mother's death certificate, her existing deed, and the names and addresses of all three children.
You or your attorney drafts the affidavit of heirship, stating that you personally knew your mother, that she died without a will, and that her three children are her only legal heirs under Maryland law.
You sign the affidavit before a notary public. Two disinterested witnesses perhaps family friends who knew your mother also sign and are notarized.
You bring the notarized affidavit, the death certificate, and a copy of the deed to the Anne Arundel County Circuit Court Land Records Division.
You pay the recording fee (typically around $20–$30).
The clerk records the document. The home is now legally established as belonging to the three children as heirs.

From there, if the children want to sell the property, they would each sign a deed transferring their share to the buyer. The title company would rely on the recorded affidavit to verify heirship.

Do You Still Need a Title Company or Attorney?

While Maryland law doesn't technically require you to hire a professional, it's strongly recommended in most situations. Here's why:

Title companies may refuse to issue title insurance based on an affidavit of heirship alone they sometimes require additional proof or a quiet title action
An attorney can make sure the affidavit complies with Maryland law and won't be challenged later
If there are disputes among heirs, an attorney can mediate and draft agreements before the filing

A real estate attorney familiar with Maryland property law is your best resource if the estate has any complexity at all.

What Happens After the Affidavit Is Recorded?

Once the affidavit is recorded in the county land records:

It creates a public record identifying the legal heirs
Heirs can work with title companies, buyers, and lenders to sell, refinance, or transfer the property
The property may still need a new deed to formally change ownership into the heirs' names

The affidavit does not automatically put the property in the heirs' names. It simply provides the legal proof of who the heirs are. A separate conveyance document is still needed in most cases.

Quick-Reference Filing Checklist

☐ Confirm the deceased died without a will (intestate)
☐ Confirm the property is real estate in Maryland in the deceased's name only
☐ Obtain a certified copy of the death certificate
☐ Pull the existing deed for the legal property description
☐ Identify all legal heirs under Maryland intestate succession law
☐ Draft or obtain the affidavit of heirship form
☐ Sign the affidavit before a notary public
☐ Have disinterested witnesses sign and notarize (if required by the county)
☐ Gather supporting documents (death certificate, deed, ID)
☐ File with the Clerk of Circuit Court Land Records Division in the correct county
☐ Pay recording fees
☐ Collect the recorded affidavit and store it with your important records

Next step: If you haven't already, confirm whether your situation qualifies for an affidavit of heirship by reviewing the Maryland requirements for intestate estates. Then contact the land records office in the county where the property is located to confirm their specific filing procedures, fees, and whether they accept e-recording. Taking these two actions first will save you time and prevent rejected filings.