Secure Maryland Property: Plan with a Revocable Living Trust

What Is a Revocable Living Trust?

A revocable living trust is a written legal arrangement you create during your lifetime to hold title to your assets. You can serve as your own trustee, keep control, and amend or revoke the trust at any time. Upon your death, a successor trustee you’ve named distributes trust assets to your beneficiaries according to your instructions.

Why Maryland Homeowners Consider a Revocable Trust

Maryland homeowners often use revocable trusts to simplify post-death transfers and to address privacy concerns. When real estate and other assets are properly titled in the trust, they generally pass outside probate, which can reduce delay and keep details of your plan out of the public court file. A trust can also coordinate how out-of-state property is handled and provide continuity if you become incapacitated, without requiring a court guardianship for trust assets.

Probate Avoidance for Maryland Real Estate

If your Maryland home is titled in your revocable trust, it can typically pass to your beneficiaries without going through probate. Avoiding probate can reduce administrative steps for your family and help ensure faster access to funds designated for property upkeep, taxes, and insurance. You still retain control during life because a revocable trust is changeable and you can buy, sell, or refinance with appropriate documentation and any lender or title company requirements.

Authoritative guidance: the Maryland Register of Wills explains the difference between probate and non-probate assets and provides practical information on estate administration.

Privacy and Public Records

In Maryland, a will admitted to probate becomes part of the court file, which is generally a public record under the state’s Public Information Act. By contrast, a revocable trust instrument typically is not filed with the court during routine administration. However, if a trust dispute or other matter requires court involvement, information related to the trust can become part of a public proceeding.

See: the Attorney General’s overview of the Maryland Public Information Act.

Incapacity Planning

If you become incapacitated, your successor trustee can step in to manage trust assets under the terms you set, often without a separate court proceeding for those assets. Many Maryland estate plans pair a revocable trust with a durable financial power of attorney to cover assets not titled in the trust and to handle personal matters outside the trust.

What a Revocable Trust Does Not Do

A revocable trust does not provide asset protection from your own creditors during your lifetime and, by itself, does not avoid taxes. Maryland law confirms that property in a revocable trust remains subject to the settlor’s creditors during life. See Md. Code, Estates & Trusts § 14.5-508 (creditor claims against revocable trusts). You still need a will (often a “pour-over” will), powers of attorney, and health care directives. Titling and beneficiary designations must be coordinated so assets align with your plan.

Funding the Trust: Titling Maryland Property

Creating a trust is only step one. To obtain the benefits, you must retitle assets into the trust or designate the trust appropriately. For Maryland real estate, this typically involves signing and recording a deed transferring the property from your name to yourself as trustee of your revocable trust, and updating related items such as homeowner’s insurance and, when applicable, lender notifications. Coordinate with your title company and lender to confirm requirements. Recording and transfer taxes and local procedures may apply—ask before you file.

Interaction with Maryland Probate and the Register of Wills

Maryland’s probate system is administered through the Orphans’ Court and the Register of Wills (Maryland Judiciary — Orphans’ Court; Register of Wills). Assets held in a properly funded revocable trust are generally not part of the probate estate, which can streamline administration. However, a will is still needed to dispose of any assets that remain outside the trust. The Register of Wills provides guidance and forms for probate matters, and many families find that a trust reduces what must be filed with the court.

Taxes and the Maryland Context

A revocable living trust is typically disregarded for income tax purposes during your lifetime—you report income on your individual return. Maryland does not impose a separate tax merely because you created a revocable trust. Maryland estate and inheritance tax exposure depends on overall estate size, asset composition, and beneficiary relationships. Your attorney can coordinate your trust with tax planning tailored to Maryland rules.

Coordinating Out-of-State Property

If you own real property in other states, a Maryland revocable trust can help avoid separate ancillary probate proceedings in those states by holding title through the trust. This can simplify administration for multi-state families and reduce the need to comply with multiple court processes.

Practical Steps to Get Started

• List your assets, focusing on Maryland real estate, financial accounts, and business interests.
• Choose trustworthy successor fiduciaries and clear distribution terms.
• Work with a Maryland estate planning attorney to draft the trust, a pour-over will, and powers of attorney.
• Sign with proper formalities, then fund the trust by retitling assets and updating beneficiary designations.
• Review your plan after major life events or changes in the law.

FAQ

Do I still need a will if I have a revocable living trust?

Yes. A pour-over will captures any assets left outside the trust so they can be transferred to the trust and distributed as intended.

Can I refinance my home if it’s in my revocable trust?

Usually yes. Lenders may require specific documentation or a temporary retitling. Coordinate with your lender and title company early.

Does a revocable trust protect assets from my creditors?

No. During your lifetime, assets in a revocable trust remain subject to your creditors under Maryland law.

Will my trust avoid Maryland taxes?

No specific tax is triggered just by creating a revocable trust. Estate and inheritance tax exposure depends on your overall estate and beneficiaries.

Is a revocable trust public?

Typically no, but court disputes can make certain information public.

When a Trust May Not Be Necessary

Smaller, simpler estates may meet their goals using beneficiary designations, transfer-on-death arrangements where available for certain assets, and a will. Whether a trust is appropriate depends on your property, family goals, privacy concerns, and the level of administration your beneficiaries are prepared to handle.

How Our Firm Can Help

We draft Maryland revocable living trusts that prioritize clarity, efficient administration, and alignment with your broader estate plan. We coordinate real estate deeds, funding for financial accounts, and beneficiary designations to help ensure your plan works as intended. Contact us to start a conversation today.

Key Maryland Authorities

• Maryland Register of Wills — Probate Information (accessed 2025-10-31)
• Md. Code, Estates & Trusts § 14.5-508 (Creditor claims against settlors of revocable trusts) (accessed 2025-10-31)
• People’s Law Library of Maryland — Revocable Living Trusts (accessed 2025-10-31)
• Maryland Public Information Act — Overview (accessed 2025-10-31)
• Maryland Judiciary — Orphans’ Court (accessed 2025-10-31)

Disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Maryland law changes over time and applies differently to each case—consult a Maryland attorney about your specific situation.