Legal Question in Wills and Trusts in Maryland

You skipped a step. If the widow and kids are not already on the deed, then an Estate must be opened. The house is currently property of the dead owner's Estate. The court then appoints a Personal Representative. Once appointed, the PR will prepare and sign a deed transferring ownership from the Estate to whomever is entitled to receive it.

This is a very common issue, and many folks screw up by not passing title through the Estate. It will prevent anyone from financing, or from selling the house in the future.

The earlier attorney post validly observed that an estate needs to be opened first. To answer your specific question, Maryland law restricts who can prepare a deed to either an attorney or a party to the transaction.

I appreciate cost-saving measures but having an attorney prepare a deed is usually well worth the minor expense. Whoever prepares a deed must be one authorized by law and should have a good working understanding of the different ways to hold title, the different types of warranties a deed can contain, the proper process for recording (which usually requires stamping at 3-4 different gov't offices) as well as the transfer/recordation taxes and their exemptions.

Sometimes party prepared deeds are fine but I have seen more than a few botched deeds where the old adage "an ounce of prevention is worth a pound of cure" holds true. If the estate is not represented by counsel, many real estate firms would be happy to assist with a deed. My own firm prepares stand-alone deeds for a modest flat fee and you can contact other firms to get their pricing. Please note that this post is not a promise to represent.