Legal Question in Real Estate Law in Maryland

Hello. I'm sorry to hear of your loss. To answer your primary question, only property titled in the deceased's name will be a part of his probate estate. If you owned the property separately it would not be included in his estate. However, your situation raises some other questions that must be addressed. A lender will not offer a mortgage unless everyone on the deed signs off, so I suspect one of two things happened. Either the property was deeded to you after he took out the mortgage (in which case you'd need to look into this as the mortgage company needed to approve any transfer that doesn't involve paying off the mortgage) OR perhaps you signed off on the mortgage paperwork just with your late husband's name as the primary borrower?

You may wish to have an attorney review the deed and mortgage to help you figure out how you need to deal with this property. Maryland offers a streamlined estate process for small estates which may apply here depending on how much property your late husband owned in his name, Even if you decide to handle the estate yourself, you would likely benefit from an attorney review.