When to Update a Tenants by the Entirety Deed in Maryland
When a married couple in Maryland owns a home together, they often take title as tenants by the entirety (sometimes shortened to “TBE”). It’s a powerful form of ownership because it’s designed specifically for spouses: each spouse is considered to own the whole property, and when one spouse dies, the surviving spouse automatically becomes the sole owner by operation of law. That is, the house doesn’t need to pass through the deceased spouse’s Will to get to the survivor.
Here’s the part many families don’t realize—even though the survivor automatically owns the property, the land records may still show both spouses as owners until the deed records are updated. That gap can create delays, extra legal work, and a surprising amount of stress later. Updating (or “clearing”) a tenants by the entirety deed after a spouse’s death is one of the simplest ways to keep an estate clean and avoid probate-related headaches in Maryland.
Tenants by the Entirety: Why It Matters
Tenants by the entirety is different from joint tenancy or tenancy in common. It comes with a built-in right of survivorship and is only available to married couples. The key benefit is this: when one spouse dies, the surviving spouse owns the property automatically. There’s no need for the property itself to be distributed through the estate, because the deceased spouse’s interest extinguishes at death.
That automatic transfer is one reason Maryland couples often use TBE deeds as part of basic estate planning. It is, in many cases, a “probate avoidance” tool built right into the way the property is titled. But automatic ownership doesn’t always mean automatic paperwork.
The Common Misconception: “If It Transfers Automatically, I Don’t Need to Do Anything.”
Legally, the surviving spouse becomes the owner at the moment of death. Practically, banks, title companies, insurers, and future buyers don’t operate on “it happened automatically.” They operate on what the public records show.
If the deed is still recorded in both names, you may run into friction when you need to:
Refinance or apply for a home equity line of credit
Sell the property later
Add a new spouse to title after remarriage
Transfer the home into a trust for long-term planning
Handle insurance claims or certain property-related affidavits
Do Medicaid or long-term care planning that requires clear proof of ownership
In these situations, someone will eventually ask: “Can you show proof that you’re the sole owner now?” If the land records still list the deceased spouse, you may need to provide extra documentation at the worst possible time—right when you’re trying to close on a sale, meet a loan deadline, or resolve an urgent financial matter.
What does “Updating the Deed” Usually Mean in Maryland?
In everyday conversation, people say “update the deed,” but in Maryland the land records office typically needs a recordable document that ties the death to the survivorship transfer, so the land records match reality.
The specific approach can vary by county practice and by the facts (for example, whether the deed was truly tenants by the entirety, whether there are name discrepancies, or whether the couple later changed how they held title). An attorney or title professional can make sure the correct document is recorded in the correct format.
The important point is not the label—it’s the result: clear land records showing the surviving spouse as sole owner.
County clerk land records FAQs commonly stress that you can’t change a deed just by dropping off a death certificate—and that changing deed information usually requires recording a new instrument. (Maryland Courts)
In practice, the “update” is often one of these:
Affidavit of Surviving Spouse / Survivorship Affidavit recorded in the land records (often with a certified death certificate attached), or
A new deed prepared to vest title in the surviving spouse alone (sometimes used where local recording practice or a title insurer prefers it).
Which option is best can vary by county and by your specific title history, so if there’s any complexity—prior marriages, prior owners, unclear deed language, errors in names, or multiple properties—getting a Maryland real estate or estate attorney involved can save money and stress.
How This Helps Avoid Probate (and Future Title Problems)
Because tenants by the entirety transfers automatically, the home generally does not become a probate asset upon the first spouse’s death. However, if the public record remains “stuck” in both names, the survivor can end up dealing with processes that feel a lot like probate—extra court paperwork, extra legal fees, repeated requests for documentation, and delays that can ripple into other planning tasks.
What recording does is:
Creates clean public proof that the survivor is now the sole owner
Prevents delays when selling, refinancing, or transferring
· Reduces the risk of a future probate or court process being demanded just to satisfy a title question
By updating the deed soon after the death, you’re essentially doing a small administrative step now to prevent a big administrative problem later.
Reducing Title Problems for Your Heirs
Even if the surviving spouse never sells or refinances, updating the deed can still be a gift to your family.
When the surviving spouse eventually passes away, their heirs will need to address the home as part of that later estate (unless additional planning is in place). If the chain of title is messy—still showing the first spouse’s name, possibly combined with later transfers—your heirs may face a longer, more expensive path to clear title.
Clean records mean:
Faster estate administration later
Lower title curative costs
Fewer legal “puzzles” for your family to solve during grief
Protecting Against Administrative Surprises
Another benefit is the emotional side. Updating a deed is one of the few tasks after a death that can deliver real closure. Many surviving spouses describe it as part of getting their affairs back in order. It also reduces the chance of unpleasant surprises—like learning at a closing table that a buyer won’t proceed until something is fixed, or that a lender won’t underwrite until the title is clarified.
A Simple Step That Supports Bigger Planning Goals
After one spouse dies, the survivor’s financial and estate plan often needs a refresh: beneficiary designations, powers of attorney, wills, and sometimes trust planning. Updating the tenants by the entirety deed is a practical companion step. Once the homes title is clear, it becomes easier to:
Transfer the property into a Trust (if desired), or
Add a “lady bird”/enhanced life estate deed strategy where applicable (Maryland planning varies—get guidance), or
Prepare for future caregiving or Medicaid planning, or
Ensure the home passes smoothly to children or other beneficiaries.
Final Takeaway
In Maryland, a tenants by the entirety deed is already a strong probate-avoidance tool for married couples. But after a spouse dies, making sure the land records reflect the surviving spouse’s sole ownership can prevent delays, protect marketability, reduce legal costs, and make future planning far easier.
If you’ve recently lost a spouse and your home was titled as tenants by the entirety, consider speaking with a Maryland estate planning or real estate attorney or a trusted title professional. Updating the deed is often a modest step—yet it can save your family significant time, expense, and stress down the road.
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.