How to Acquire Full Title Through a Remainder Deed After a Life
A properly drafted and recorded “life estate deed” (often called a “remainder deed” in everyday conversation) is designed to transfer Maryland real property outside of the probate process. In plain English: the life tenant keeps the right to use and occupy the property for life, and the named remainderman becomes the owner automatically when the life tenant dies—by operation of law.
Even though probate is typically not required for the real estate itself, the remainderman still has work to do after the life tenant’s death to make the title marketable, update tax records, and avoid delays when refinancing or selling.
1) Confirm You’re Dealing With a True Life Estate/Remainder Deed
Before you do anything else, pull the recorded deed from the county land records (in Maryland, land records are maintained by the Circuit Court clerk for the county where the property sits). Review the deed carefully to confirm:
Who is/are the life tenant(s)?
Sometimes there is more than one life tenant (e.g., spouses). If so, the remainder generally does not become possessory until the last life tenant dies.Who is/are the remainderman/remaindermen?
How do multiple remaindermen hold title?
Common options include tenants in common or joint tenants with right of survivorship. This matters if one remainderman died before the life tenant (more on that below).Does the deed include “powers”?
Some life estate deeds are drafted “with powers,” which can affect what the life tenant could do during life (sell, mortgage, revoke, etc.).
Why this step matters: you want to make sure the deed actually places a remainder interest in you (or in you and others), and you want to understand whether any additional signatures, releases, or corrective instruments might be needed due to unusual language.
2) Understand Why Probate Is Usually Not Required for the Real Estate
In Maryland, life estate/remainder arrangements are commonly used as a probate-avoidance tool because ownership passes at death outside the probate estate. The Maryland Register of Wills’ materials explicitly treat “life estate or remainder interests … in a … deed” as non-probate property.
That said, “no probate for the house” does not necessarily mean “no probate at all.” The life tenant might have other assets that require administration, and certain tax or creditor issues can still exist. But as to title to the property, the deed is usually doing the heavy lifting.
3) Order Certified Copies of the Death Certificate
To “perfect” the transition in the public record, you generally need a certified death certificate (not a photocopy). Plan to obtain multiple certified copies because you may need them for:
Land records filings (some counties accept a certified copy for recording; others may have specific formatting expectations)
The property tax office / SDAT-related ownership updates
Homeowners’ insurance updates
HOA/condo association records
Mortgage servicer communications (if any)
4) Record Proof of Death in the Land Records to Clear the Chain of Title
Even though the remainder interest becomes possessory automatically, a future title examiner or buyer’s lender will want the land records to clearly show why the life tenant no longer appears as the present interest holder.
Common Maryland practice is to record an instrument putting the world on notice that the life tenancy has ended—often using:
An Affidavit of Death of Life Tenant (or similarly titled affidavit), and/or
A certified death certificate (sometimes attached as an exhibit to the affidavit)
Why bother if you already “own it”? Because recording creates a clean, lender-friendly chain of title and reduces the risk of closing delays later.
County clerks can be particular. Recording requirements, intake sheets, and fees can vary by county, so it’s smart to check the Circuit Court clerk’s land records instructions for the property’s county before you file anything. Or better yet, consult with a Real Estate or Estate Planning Attorney for advice.
5) Update the Property Tax Billing Name and Ownership Records
After the life tenant’s death, people are often surprised that tax bills still show the life tenant’s name. That doesn’t mean you don’t own the property—it usually means the billing/assessment record hasn’t been updated.
This step is especially important if you plan to sell or refinance, because title companies often compare land records ownership with tax records, and discrepancies can cause extra paperwork.
6) Deal With Insurance, Possession, and Day-to-Day Control
Once the life tenant has passed (and if there is no surviving life tenant), you typically have the right to possess and control the property as the fee owner. Practically, you should:
Notify and update homeowners insurance immediately (coverage can lapse or be disputed if the named insured is deceased)
Secure the property (change locks if appropriate and lawful)
Transfer utilities into the correct owner’s name
If it’s a rental or occupied by others, consult counsel about Maryland landlord-tenant rules before taking action
7) Watch for the Big Complications That Can Still Trigger Legal Work
A life estate deed avoids probate for the property, but it does not magically eliminate other title or estate issues. The most common “gotchas” are:
A) Multiple life tenants
If the deed names two life tenants (common with spouses), the remainder usually becomes possessory only after both have died. Recording the first death may still be useful for clarity, but full control typically waits until the last life tenant’s death.
B) A remainderman died before the life tenant
If one remainderman died first, what happens next depends on how the remaindermen held title (e.g., tenants in common vs. joint tenants with survivorship) and what the deceased remainderman’s estate plan says. This can create a situation where part of the remainder interest becomes a probate asset of the deceased remainderman.
C) Mortgages and liens
A life tenant may have had a mortgage or other liens. Also, judgments can sometimes attach to an owner’s interest. You may need a title search to see what is of record and whether any payoff, release, or litigation is needed.
D) Medicaid estate recovery and claims issues
Maryland’s Medicaid rules and estate recovery can be fact-specific and time-sensitive. If the life tenant received benefits, speak with an attorney before selling.
E) County transfer/recordation tax questions on later transfers
Your acquisition at the life tenant’s death is usually “by operation of law,” but a later sale is a normal conveyance and will implicate ordinary Maryland closing costs and taxes. If you need the deed “cleaned up” for marketability, do that early.
8) When You Might Still Need a Lawyer (Even Though You’re Avoiding Probate)
You can often complete the post-death steps without opening a probate estate for the property, but legal help is especially valuable when:
The deed language is unclear or unusual (e.g., reserved powers, conditions, inconsistent names)
There are multiple remaindermen who disagree
A remainderman predeceased the life tenant
There are liens, judgments, or title defects
You plan to sell soon and want to avoid closing surprises
A short, targeted representation (review deed, prepare affidavit, coordinate recording, confirm tax update) can cost far less than fixing a title issue on the eve of a sale.
Bottom Line
In Maryland, a life estate deed typically accomplishes what people want when they say “a remainder deed”: the remainderman becomes owner at the life tenant’s death without the property passing through probate.
But to “fully acquire” the property in the real-world, practical sense—meaning you can sell, refinance, insure, and manage it without friction—you should usually (1) obtain certified proof of death, (2) record appropriate documentation in the county land records to clarify the chain of title, and (3) update tax/assessment and administrative records.
At Atkinson Law, we listen to all our clients and protect their interests so they can receive a positive outcome. We’ll work with you and give you the best possible recommendation for your future. To learn more about Deeds, contact us today by calling (410) 882-9595 or visiting our website.