How to Record an Affidavit of Heirship in Maryland

If someone in your family recently passed away and owned property in Maryland, you may need to transfer that property into the names of the rightful heirs. One way to do this especially when there's no will or no probate case filed is through an affidavit of heirship. But filing the document alone isn't enough. You have to record it at the Maryland land records office in the county where the property sits. Without that step, the transfer has no legal standing in the public record. This guide walks you through exactly how to do that, county by county, without wasting time or money on mistakes.

What Is an Affidavit of Heirship, and Why Does Recording It Matter?

An affidavit of heirship is a sworn legal document that identifies the deceased property owner, lists their heirs, and confirms how the property should transfer after death. It's commonly used when the person died without a will (intestate) and no formal probate case was opened.

Recording the affidavit at the county land records office puts it on public record. This is what actually updates the chain of title. Without recording, the document stays private and doesn't legally affect ownership. If you want to sell the property, refinance it, or prove ownership to anyone, the recorded version is the one that counts.

You can learn more about how to file an affidavit of heirship in Maryland to understand the full process from start to finish.

Where Do You Record an Affidavit of Heirship in Maryland?

In Maryland, land records are maintained at the Circuit Court Clerk's Office in the county where the property is located not where the decedent lived, and not at the state level. Each county has its own office, fee schedule, and submission process.

For example:

Prince George's County: Land Records Division at the Circuit Court
Montgomery County: Land Records Department, Circuit Court
Baltimore County: Office of the Clerk of Circuit Court, Land Records
Anne Arundel County: Clerk of Circuit Court, Land Records Division

Each county may have slightly different requirements for how documents are formatted, submitted, and paid for. Before you go in person or mail anything, check the specific county's instructions. Our page on recording requirements by county breaks this down so you know what to expect.

What Do You Need Before You Walk Into the Land Records Office?

Don't show up unprepared. The clerk's office will reject documents that are incomplete or not properly formatted. Here's what you should have ready:

The Completed and Notarized Affidavit

The affidavit must be signed by someone with direct knowledge of the family typically a surviving spouse, child, or close relative. The signature must be notarized by a Maryland notary public. Some counties require two disinterested witnesses who also have personal knowledge of the family. Make sure your document includes:

Full legal name and last known address of the deceased
Date and place of death
Marital history of the decedent
Complete list of heirs and their relationship to the decedent
Legal description of the property (not just the street address)
The decedent's ownership interest in the property
A statement that the decedent died without a will, if applicable

A Cover Sheet

Most Maryland counties require a Land Instrument Intake Sheet or similar cover page. This form asks for basic details like the parties' names, property address, document type, and consideration amount. Some counties let you fill this out online before arriving.

Payment for Recording Fees

Recording fees vary by county and depend on the document's page count. Typical fees range from $10 to $25 for the first few pages, with additional charges per extra page. Some counties also charge a state recording tax. For a full breakdown, see our guide on filing fees for an affidavit of heirship in Maryland.

Return Envelope (If Mailing)

If you're submitting by mail, include a self-addressed stamped envelope so the clerk can return the original recorded document to you.

Step-by-Step: How to Record the Affidavit at the Land Records Office

Draft the affidavit of heirship. Use a format that meets Maryland's recording standards. The document should be typed, on white paper (8.5" x 11"), with a minimum font size (usually 10-point). Include the preparer's name and address on the first page.
Have the affidavit signed and notarized. The affiant (the person swearing to the facts) must sign in front of a notary. If witnesses are required by the county, they should sign at the same time.
Complete the intake/cover sheet. Fill out the land instrument intake form required by the county. Double-check the property description and party names.
Gather your payment. Confirm the exact fees with the county clerk's office. Acceptable payment methods vary some counties take checks, money orders, or credit cards, but not all.
Submit the documents. You can typically submit in person at the clerk's office or by mail. Some Maryland counties now accept electronic recording through approved vendors. If you're submitting in person, bring the original notarized document plus any required copies.
Get your receipt and recorded copy. After the clerk processes and records the document, they'll return the original to you with a recording stamp (book and page number or instrument number). Keep this in a safe place it's your proof that the document is part of the public record.

Do You Need to Probate the Estate Before Recording?

Not necessarily. One of the main reasons people use an affidavit of heirship is to avoid probate. If the estate is small, has no outstanding debts, and the heirs all agree, recording the affidavit at the land records office may be all you need to transfer the real property.

However, if the estate has debts, disputes among heirs, or complex assets, probate might still be necessary. The Register of Wills handles probate cases in Maryland, which is separate from the land records office. Our page on transferring inherited property without probate in Maryland explains when this approach works and when it doesn't.

Common Mistakes That Delay or Derail the Recording

Missing notarization. The clerk will reject any affidavit that isn't properly notarized. This is the most common reason for rejection.
Incorrect or missing legal description. A street address alone is not enough. You need the full legal description from the previous deed.
Wrong county. Recording must happen in the county where the property is located. Submitting to the wrong county wastes your time and filing fees.
Unsigned or incomplete cover sheet. Some clerks won't process a document without the intake form. Others will send it back if the form has errors.
Not enough copies. If you need certified copies later, you'll have to request them separately and pay additional fees. Bring at least one extra copy when filing in person.
Forgetting about outstanding liens. Recording the affidavit doesn't remove existing mortgages, tax liens, or judgments attached to the property. Those follow the property until resolved.

Can You Record an Affidavit of Heirship If There Is a Will?

Technically, yes but it's not the typical route. An affidavit of heirship is designed for intestate estates (no will). If the decedent left a valid will, the proper path is usually to file the will with the Register of Wills and open a probate estate. That said, if the will was never probated and years have passed, some title companies and counties will accept a combined approach. Talk to a local real estate attorney if this applies to your situation.

How Long Does It Take for the Recording to Be Processed?

Processing times depend on the county and their current workload. In most cases:

In-person submissions are processed the same day or within a few business days.
Mail-in submissions can take one to three weeks, depending on volume.
Electronic recordings are often completed within 24 to 48 hours, if available in your county.

After recording, the document becomes part of the public land records immediately. Third parties (title companies, lenders, buyers) can search for and view it once indexed.

What Happens After the Affidavit Is Recorded?

Once the affidavit is recorded, the heirs are technically on record as the property owners. But here are practical next steps most people need to handle:

Update the property tax account with the county's tax assessment office so bills go to the right person.
Contact the title company if you plan to sell they'll want the recorded affidavit and may require additional documentation.
Notify the homeowner's insurance company so the policy reflects the new ownership.
Address any outstanding mortgage the lender should be informed of the owner's death, even if the heirs plan to keep the property.

Quick Checklist: Recording an Affidavit of Heirship at the Maryland Land Records Office

Before you go:

☐ Confirm the property's county (this is where you record)
☐ Draft the affidavit with all required information
☐ Have it signed and notarized (with witnesses if required)
☐ Pull the legal property description from the prior deed
☐ Complete the county's land instrument intake sheet
☐ Check the county's recording fees and accepted payment methods
☐ Make copies of everything for your records

At the office:

☐ Submit the original notarized affidavit and cover sheet
☐ Pay the recording fees
☐ Request the recording reference number on your receipt
☐ Pick up or receive the recorded copy with the clerk's stamp

After recording:

☐ Update property tax records with the county
☐ Notify homeowner's insurance of the ownership change
☐ Contact the mortgage lender, if applicable
☐ Store the recorded document in a secure location

Tip: If you're unsure whether your situation calls for an affidavit of heirship versus a full probate process, talk to a Maryland-licensed attorney who handles estate or real property matters. A short consultation can save you from filing the wrong document and having to start over. The Maryland Attorney General's Consumer Protection Division can also help you find resources if you've been approached by someone offering to "help" with property transfers for an unusually high fee.