I Inherited a House in Maryland — Now What? (2026 Step-by-Step Guide)

Part of: The Complete Guide to Selling a Home in Montgomery County, MD

Inheriting a Maryland house is rarely just an emotional event — it's a financial, legal, and family decision that unfolds over 6–18 months. The choices you make (and the order you make them in) determine whether you net $400K or $250K from the same property, whether your siblings sue each other, and whether you owe Maryland inheritance tax that could have been avoided.

Here's the 9-step playbook for what to do when you inherit a home in Maryland in 2026.

Disclaimer: I'm a REALTOR®, not an attorney or CPA. For a specific inheritance, work with a Maryland estate attorney and a CPA. This post is general guidance to help you ask the right questions.

Step 1: Pause before doing anything

The death of a parent or family member is exhausting. In the first 30 days, you don't have to make any real estate decisions.

Things to do:

• Secure the property — locks, alarm, mail forwarding
• Notify the homeowner's insurance company of the death (vacant-property coverage rules differ)
• Lock the thermostat at moderate setting to prevent freezing/heat damage
• Pick up valuables: jewelry, important papers, family photos

Things NOT to do:

• Don't list the home for sale yet
• Don't transfer title yet
• Don't clean out the house yet (taxable items can be sold first)
• Don't move into the house yet
• Don't move things out

Wait until probate is open and you understand the estate's structure.

Step 2: Find the will and start probate

In Maryland, every estate (with or without a will) must go through the Register of Wills in the county where the deceased lived.

If there's a will:

• The will names an executor (called a "personal representative" in Maryland)
• The executor files the will with the Register of Wills within 30 days of death
• A judge confirms the executor and issues "Letters of Administration"

If there's no will:

• Maryland intestacy law decides who inherits
• A family member (usually spouse or oldest child) petitions to be appointed personal representative
• More complex; an attorney is essentially required

Probate timing in MD:

• Simple estates ("regular probate"): 6–12 months
• Smaller estates (under $50K of probate assets): "small estate" administration, 3–6 months
• Complex estates (out-of-state property, disputes, large value): 12–24+ months

You cannot sell the home until you have legal authority — either as personal representative (during probate) or as a deeded owner (after probate closes).

For more on MD legal context, see Maryland seller disclosure laws in 2026.

Step 3: Understand stepped-up basis (this saves you tens of thousands)

This is the single most important tax concept for inherited real estate.

Without inheritance: if your parent bought the home in 1985 for $150K and you tried to "buy" it from them for $1, you'd pay capital gains tax on the difference between $1 and the sale price when you eventually sell.

With inheritance: the cost basis "steps up" to fair market value on the date of death.

Example:

• Mom bought house in 1985 for $150,000
• Mom dies in 2026 when home is worth $1,000,000
• You inherit the home → your cost basis is $1,000,000
• If you sell 6 months later for $1,020,000, your taxable gain is $20,000 (not $850,000)

Why this is so powerful:

• Federal long-term capital gains tax: 15% for most (20% for high earners)
• Maryland state capital gains tax: ~5.75%
• Combined: ~20.75% on every dollar of gain

On the example above:

• Without stepped-up basis: 20.75% × $850,000 = $176,375 in taxes
• With stepped-up basis: 20.75% × $20,000 = $4,150 in taxes

The catch: you need to document the home's fair market value on the date of death. Best documentation:

1. Date-of-death appraisal by a licensed appraiser (gold standard) — $500–$800
2. Comparative market analysis (CMA) by a REALTOR® (acceptable for moderate-value homes) — usually free
3. Tax assessment (least reliable, often understates value)

Get a date-of-death appraisal within the first 90 days. This is the basis your CPA will use; without it, you may end up paying tax on years of appreciation you didn't actually receive.

Step 4: Check for outstanding debts

The inherited home may have:

1. Existing mortgage.

• The estate doesn't automatically pay off the loan
• Heirs can: a) Continue paying the existing mortgage (federal law allows continuing payments without "due on sale") b) Refinance into their own names c) Sell and pay off at closing
• Don't stop paying the existing mortgage during probate — late payments hurt credit and complicate the estate

2. HELOC or second mortgage.

• Same as above; check the title for any junior liens

3. Property tax arrears.

• Maryland counties can put a lien on the property for unpaid taxes
• Verify with the county treasurer's office that taxes are current

4. HOA or condo dues.

• Past-due dues can become a lien
• Notify the HOA of the death

5. Federal tax liens.

• Rare, but verify with a title search

The personal representative uses estate funds to pay these (or they're settled at closing if you sell).

Step 5: Understand Maryland inheritance tax

Maryland is one of only 6 states with a state inheritance tax (separate from estate tax).

The Maryland inheritance tax:

• 0% (exempt) for spouses, children, grandchildren, parents, siblings
• 10% for non-lineal relatives (nieces, nephews, cousins) and non-relatives

For most family inheritances (parents to children), there's no Maryland inheritance tax.

But if you inherit from an aunt, uncle, or non-relative, the tax is 10% of the entire value (no exemptions for inherited real estate in MD).

Maryland estate tax is separate — applies only to estates over $5M ($10M for married couples). For most middle-class MD estates, no estate tax applies.

Federal estate tax has an exemption of about $13.6M per person in 2024 (sunsetting in 2025 unless extended). Most estates won't trigger federal estate tax.

Step 6: Decide whether to sell, rent, or keep

The big decision. Run the numbers honestly.

Sell the home:

Pros:

• Liquidates the asset, distributes cash to heirs
• Avoids ongoing maintenance, taxes, mortgage payments
• Resolves family decisions cleanly
• No landlord responsibilities
• Captures the stepped-up basis at very low or zero taxes

Cons:

• Selling costs (~6% commission + ~1.5% transfer and recordation taxes + prep) = $75K+ on $1M home (in Montgomery County the seller's half of the taxes on $1M is $14,625)
• Loses future appreciation
• Real estate transaction takes 60–90 days

Rent the home:

Pros:

• Generates monthly income
• Maintains exposure to MD real estate appreciation
• Can sell later (still keeping stepped-up basis applied to original value)

Cons:

• Requires landlording (or 8% to property manager)
• Investment property tax treatment going forward
• If multiple heirs, ongoing decisions to make jointly
• May need to renovate to make it rentable

Move into it:

Pros:

• Keeps a family home in the family
• Lives in the inherited property with stepped-up basis (zero or minimal future capital gain if you live there 2+ years)
• Avoids transaction costs entirely

Cons:

• Only works if it makes sense as YOUR home (location, size, lifestyle)
• May need to buy out siblings' shares ($$$)
• Renovation may be needed

For most family inheritances, selling is the cleanest option — especially if the property doesn't match the heirs' lifestyles. But it depends on the specific situation.

Step 7: If multiple heirs disagree, here's what to do

This is where families fracture. Two scenarios:

Scenario A: Some heirs want to sell, others want to keep.

The legal default in Maryland (without a will specifying otherwise): if multiple heirs own a property and can't agree, any one heir can file a partition action to force a sale. The court orders the home sold and proceeds divided.

Better approach BEFORE litigation:

1. The heir(s) who want to keep can buy out the others at fair market value (date-of-death appraisal becomes the price)
2. Buyout can be cash or via refinance (taking out mortgage on the property)
3. Document with a "buy-sell agreement" prepared by an attorney

Scenario B: Heirs disagree on selling price.

Get a second appraisal if the first is contested. If two appraisals diverge meaningfully (>10%), get a third. Or list the home and let the market decide.

Family rule: the real estate transaction matters less than the long-term relationships. A 2% difference in sale price is not worth a permanent family rift. Find compromise quickly.

Step 8: Sell the inherited home efficiently

If selling is the answer, the playbook:

Prep work:

1. Get the date-of-death appraisal for tax basis documentation
2. Clear out personal belongings — distribute to family, sell, donate
3. Light prep: paint, clean, basic landscaping, deep clean
4. DON'T over-renovate — heirs often spend $30K on improvements that don't return the investment

Selling strategy:

• As-is sale: for properties needing significant work, sell to investors or "as-is" buyers. Often nets less but closes fast.
• Traditional sale: light prep + market exposure → max sale price for moderate-condition homes
• Pre-renovation sale: only worth it if the renovations are minor (paint, flooring, kitchen update under $25K) and significantly increase value

For more on as-is selling, see selling as-is in Montgomery County 2026.

Disclosure obligations:

• Maryland's seller disclosure law applies (RPDS or Disclaimer)
• If you never lived in the home, "Don't Know" is a defensible answer for many questions
• Many estate sales use the Disclaimer (selling as-is, no representations) — appropriate when heirs don't know property history

For more, see Maryland seller disclosure laws in 2026.

Capital gains math:

Inherited home sales typically have minimal capital gains because of the stepped-up basis. Common scenarios:

• Home appraised at $800K date of death, sold 4 months later for $815K → $15K gain → minimal tax
• Home appraised at $800K date of death, sold 18 months later for $880K → $80K gain → still relatively low
• Home appraised at $800K, sold 5 years later for $1.1M → $300K gain → meaningful tax

If you're not planning to sell soon, the longer you wait, the more you're betting on appreciation outpacing the cost of maintaining the property.

How I price an inherited house: start from the after-repair value

Most of the estates I work with have two things in common: the house needs a clean-out, and it has 10–20 years of deferred maintenance. So my first question to the heirs is a practical one — do you have the money and the time to manage a renovation? If the answer is yes, I help guide the scope so it matches the standards of the area and doesn't turn into over-improvement. If the answer is no, that's fine too — we just need to price for the condition it's in.

Either way, I start from the after-repair value (ARV): what this house would sell for if it were fully updated. From there, I model the net proceeds for each condition — as-is, cleaned up and lightly prepped, or renovated — so the heirs can see all the numbers at the same time.

Here's the mistake I see most agents make with inherited homes: they clean it up and price it a little below ARV. That's bad for everyone. Flippers won't touch it because there's no margin left, and end users walk in and see a dated house priced like a finished one. The home sits, and the estate loses time and money.

My approach is to present everything upfront with estimated net sheets for each scenario, so the heirs can weigh effort against proceeds and make a decision that fits their situation — not mine. For more on what an as-is sale really looks like here, see selling as-is in Montgomery County in 2026, and for the line items behind those net sheets, see seller closing costs in Montgomery County.

Step 9: Distribute proceeds and close the estate

Once the sale closes:

1. Pay closing costs out of sale proceeds
2. Pay off any remaining mortgage from sale proceeds
3. Pay any outstanding bills of the estate (utilities, repairs, attorney fees)
4. Pay state inheritance tax if applicable (10% for non-lineal heirs)
5. Distribute remaining proceeds per the will (or intestacy law)
6. File estate tax return (Form 1041 if required) and final personal return for deceased
7. Close probate with Register of Wills

Timing:

• Probate filed: month 1
• Date-of-death appraisal: month 2
• Decisions made (sell/rent/keep): months 2–4
• Prep + listing: months 4–6
• Settlement: months 5–8
• Proceeds distributed and probate closed: months 8–18

Common mistakes inheriting a Maryland home

1. Not getting a date-of-death appraisal. Costs you tens of thousands in unnecessary capital gains tax.
2. Letting the property sit empty without insurance review. Vacant homes have different coverage rules.
3. Cleaning out the house too fast. Many items have value — antiques, collections, artwork. Get a quote first.
4. Trying to sell during probate without legal authority. You can't legally close a sale until you're the personal representative or deeded owner.
5. Family fights over an "obvious" decision. Get an attorney involved early to prevent siblings from misaligning on the path forward.
6. Over-renovating for "max sale price". Often loses money. Most heirs should sell as-is or lightly prepped.
7. Missing the inheritance tax filing. If you inherit from a non-lineal relative, MD's 10% tax applies.
8. Forgetting the property has been the family home. Selling a parent's home is hard. Build in emotional time.

When to hire which professional

Maryland estate attorney (essential):

• Helps navigate probate
• Drafts buy-sell agreements between heirs
• Handles partition actions if siblings can't agree
• Cost: $2,500–$10,000 for typical estates

CPA familiar with MD inheritance tax (essential):

• Calculates stepped-up basis
• Files estate income tax return
• Plans capital gains strategy
• Cost: $1,000–$3,000

Licensed appraiser (essential):

• Date-of-death appraisal
• Documentation for IRS and heirs
• Cost: $500–$800

REALTOR® with estate experience (essential if selling):

• Pre-sale advice on prep and pricing
• Handles disclosure paperwork for estate sale
• Coordinates with probate timing
• Cost: standard commission

Estate cleanout / estate sale specialist (often helpful):

• Sorts and prices belongings
• Holds estate sale or auctions valuables
• Coordinates donation pickups
• Cost: 25–35% of items sold, or fixed fee

For broader selling context, see selling your home in Montgomery County in 2026 and the cost of selling a house in Maryland.

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The bottom line

Inheriting a Maryland home is a multi-step process — probate, valuation, decisions, sale — that takes 6–18 months when done right.

The financial difference between getting it right and getting it wrong is enormous:

• Date-of-death appraisal can save you $50K–$200K+ in unnecessary capital gains tax
• Choosing sell vs rent vs keep correctly can mean tens of thousands in maintenance vs cleanout costs
• Handling family disagreement well can preserve relationships worth more than the home
• Maryland inheritance tax planning matters if the inheritance is from non-lineal relatives

If the house needs more work than the family wants to fund, selling to a renovator is a legitimate path — just go in understanding how a flipper arrives at their offer so you can tell a fair cash number from a lowball one.

The right order of operations:

1. Pause for 30 days
2. Open probate
3. Get a date-of-death appraisal
4. Check outstanding debts and tax obligations
5. Confirm inheritance tax status
6. Decide sell vs rent vs keep
7. Resolve family disagreements with an attorney's help
8. Execute the sale (if selling) carefully
9. Distribute proceeds and close the estate

A good estate attorney, a good CPA, a good appraiser, and a good REALTOR® form the team. None is optional for a typical Maryland family inheritance.

Need help with a specific inherited home in Montgomery County or DC metro? Call (301) 357-1170 — I'll walk through the property valuation, prep options, and sale strategy with you (and refer you to estate attorneys and CPAs I trust if you don't have them yet).

Sources & further reading

Official Maryland resources for estates and inherited property:

• Maryland Registers of Wills — probate filing, estate administration and deadlines by county
• Maryland Courts — official forms and self-help resources for family and estate matters
• IRS Publication 523 — the full worksheet for calculating gain on a home sale