Legal Question in Real Estate Law in Maryland

Re: Partitioning of Land while in Probate

Your question lacks certain information. It is important to state how the sisters held title to the land. If they held title as joint tenants to the entire 500 ac., the survivor became the sole owner upon the death of the first sister, and only her estate can dispose of the land through probate. On the other hand, if they owned the parcel as tenants in common on an equal basis, then each estate would control 250 ac. So you should check the deed to get the answer to this question. If the deed states that they are tenants in common, then each sister's estate would be obliged to distribute her land, or its value, in accordance with her Will if she had one, or pursuant to the law of intestate succession if she didn't.

I suggest you resubmit your question, this time containing the missing information. You might also indicate the relationship of the heirs to each sister if either lacked a Will.