Legal Question in Real Estate Law in Maryland

Re: wills on real estate

If you and your spouse own your home in the traditional way married couples do, which is called tenants by the entirety, the surviving spouse will automatically have full title to the property upon the death of the other. It will not pass through the will, nor will probate be necessary unless the deceased spouse has a certain amount of property in his or her sole name.

Upon the death of the surviving spouse, or if there is a simultaneous death, the house will pass through your wills. If you each have a will saying your daughter is your next in line after your spouse, then she will get the property after the will passes through probate.