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WES MOORE, Governor Ch. 751
Chapter 751
(House Bill 738)
AN ACT concerning
Real Property – Transfer–on–Death Deed – Establishment
FOR the purpose of altering the Maryland Uniform Disclaimer of Property Interests Act to
provide for the disclaimer of nonprobate transfers at death; providing for the
creation, revocation, recordation, and effects of a transfer–on–death deed for real
property; providing example forms for the creation and revocation of a
transfer–on–death deed; altering certain recording requirements for the clerks of the
circuit court; exempting a certain transfer–on–death deed from certain property
transfer taxes; providing for the retroactive application of this Act to life estate deeds
with powers transfer–on–death deeds executed prior to the effective date of this Act
for a transferor who dies on or after the effective date of this Act; and generally
relating to life estate deeds with powers transfer–on–death deeds.
BY adding to
Article – Estates and Trusts
Section 1–402 to be under the amended subtitle “Subtitle 4. Nontestamentary
Transfers”
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Estates and Trusts
Section 9–201(a) and (b) and 9–209(a)
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Estates and Trusts
Section 9–209(e) and (f) and 9–212
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Real Property
Section 3–104
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Real Property
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Ch. 751 2026 LAWS OF MARYLAND
Section 14–1001 through 14–1013 14–1014 to be under the new subtitle “Subtitle 10.
Maryland Transfer–on–Death Deed Act”
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Tax – Property
Section 12–108(ii), 13–207(a)(27), and 13–414
Annotated Code of Maryland
(2019 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Tax – Property
Section 13–207(a)(25) and (26)
Annotated Code of Maryland
(2019 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Estates and Trusts
Subtitle 4. [Multiple–Party Accounts] NONTESTAMENTARY TRANSFERS.
1–402.
(A) A TRANSFER–ON–DEATH DEED MADE IN ACCORDANCE WITH THE
REQUIREMENTS OF TITLE 14, SUBTITLE 10 OF THE REAL PROPERTY ARTICLE IS
EFFECTIVE ACCORDING TO THE PROVISIONS OF THAT SUBTITLE.
(B) TRANSFERS OF REAL PROPERTY UNDER TITLE 14, SUBTITLE 10 OF THE
REAL PROPERTY ARTICLE ARE EFFECTIVE AS PROVIDED UNDER THAT SUBTITLE
AND ARE NOT TESTAMENTARY.
9–201.
(a) In this subtitle the following words have the meanings indicated.
(b) “Beneficiary designation” means an instrument, other than an instrument
creating a trust, naming the beneficiary of:
(1) An annuity or insurance policy;
(2) An account with a designation for payment on death;
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WES MOORE, Governor Ch. 751
(3) A security registered in beneficiary form;
(4) A pension, profit–sharing, retirement, or other employment–related
benefit plan; or
(5) Any other nonprobate transfer at death.
9–209.
(a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer
may be effected by personal delivery, first–class mail, or any other method likely to result
in its receipt.
(e) In the case of an interest created by a beneficiary designation [made] THAT
IS DISCLAIMED before [the time] the designation becomes irrevocable, [a] THE disclaimer
shall be delivered to the person making the beneficiary designation.
(f) In the case of an interest created by a beneficiary designation [made] THAT
IS DISCLAIMED after [the time] the designation becomes irrevocable[, a]:
(1) THE disclaimer OF AN INTEREST IN PERSONAL PROPERTY shall be
delivered to the person obligated to distribute the interest; AND
(2) THE DISCLAIMER OF AN INTEREST IN REAL PROPERTY MUST BE
RECORDED IN THE LAND RECORDS OF THE COUNTY WHERE THE REAL PROPERTY
THAT IS THE SUBJECT OF THE DISCLAIMER IS LOCATED.
9–212.
(a) If an instrument transferring an interest in or power over property subject to
a disclaimer is required or permitted by law to be filed, recorded, or registered, the
disclaimer may be filed, recorded, or registered.
(b) [Failure] EXCEPT AS PROVIDED UNDER § 9–209(F)(2) OF THIS SUBTITLE,
FAILURE to file, record, or register the disclaimer does not affect its validity.
Article – Real Property
3–104.
(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, THE clerk of the circuit court may record an instrument that effects a change
of ownership if the instrument is:
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Ch. 751 2026 LAWS OF MARYLAND
[(i)] 1. Endorsed with the certificate of the collector of taxes of the
county in which the property is assessed, required under subsection (b) of this section;
[(ii) 1.] 2. A. Accompanied by a complete intake sheet; or
[2.] B. Endorsed by the assessment office for the county as
provided in subsection (g)(8) of this section; and
[(iii)] 3. Accompanied by a copy of the instrument, and any survey,
for submission to the Department of Assessments and Taxation.
(II) THE REQUIREMENTS OF SUBPARAGRAPH (I)1 AND 2B OF
THIS PARAGRAPH DO NOT APPLY TO THE RECORDATION OF A TRANSFER–ON–DEATH
DEED OR A REVOCATION OF A TRANSFER–ON–DEATH DEED EXECUTED IN
ACCORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE.
(2) (I) [The] EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II) OF
THIS PARAGRAPH, THE Supervisor of Assessments shall transfer ownership of property
in the assessment records, effective as of the date of recordation, on receipt from the clerk
of the circuit court of a copy of the instrument, the completed intake sheet, and any survey
submitted under paragraph (1) of this subsection or documents received through an
electronic recordation system.
(II) PROVIDED THAT THERE IS NOT A REVOCATION OF A
TRANSFER–ON–DEATH DEED DESIGNATING A BENEFICIARY RECORDED
SUBSEQUENT TO THE RECORDATION OF A TRANSFER–ON–DEATH DEED, OWNERSHIP
OF A PROPERTY THAT IS THE SUBJECT OF THE TRANSFER–ON–DEATH DEED MAY BE
TRANSFERRED IN THE ASSESSMENT RECORDS TO THE DESIGNATED BENEFICIARY
ONLY FOLLOWING THE DEATH OF THE TRANSFEROR NAMED ON THE
TRANSFER–ON–DEATH DEED.
(b) (1) (i) Except as provided in subsection (c) of this section, property may
not be transferred on the assessment books or records until:
1. All public taxes, assessments, and charges currently due
and owed on the property have been paid to the treasurer, tax collector, or director of
finance of the county in which the property is assessed; and
2. All taxes on personal property in the county due by the
transferor have been paid when all land owned by the transferor in the county is being
transferred.
(ii) The certificate of the collecting agent designated by law, showing
that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and
the endorsement shall be sufficient authority for transfer on the assessment books.
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WES MOORE, Governor Ch. 751
(2) (i) Except as provided in subsection (c) of this section, in Allegany,
Cecil, Charles, Dorchester, Harford, Howard, Kent, Queen Anne’s, Somerset, and St.
Mary’s counties no property may be transferred on the assessment books or records until:
1. All public taxes, assessments, any charges due a
municipal corporation, and charges due on the property have been paid as required by law;
and
2. All taxes on personal property in the county due by the
transferor have been paid when all land owned by the transferor in the county and
municipal corporation is being transferred.
(ii) The certificate of the collecting agent and municipal corporation
designated by law showing that all taxes, assessments, and charges have been paid, shall
be endorsed on the deed and the endorsement shall be sufficient authority for transfer on
the assessment books.
(3) (i) On request, the treasurer, tax collector, or director of finance for
a county shall issue to the requester a certificate clearly enumerating by type and amount
any public taxes, assessments, and charges due to the county or municipality against a
property located in the county or municipality.
(ii) A certificate issued under this paragraph shall bar any charge or
assessment against the property levied on a bona fide purchaser for value with no notice of
the charge or assessment prior to the purchase of the property.
(iii) A collecting agent presented with a certificate issued under this
paragraph within 45 days after issuance shall endorse the deed as required under
paragraph (1)(ii) or (2)(ii) of this subsection on payment of all charges set forth in the
certificate and any applicable transfer or recordation taxes.
(iv) A county or municipality may collect a fee of up to $55 for the
issuance of a certificate under this paragraph.
(v) The payment of a fee and the issuance of a certificate under this
paragraph may not preclude a claim by a county or municipality to payment of a charge or
assessment against:
1. The owner of the property at the time of the issuance of
the certificate; or
2. A person who acquires the property with knowledge of the
charge or assessment.
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Ch. 751 2026 LAWS OF MARYLAND
(vi) Each treasurer, tax collector, or director of finance of a county
shall adopt procedures to implement the requirements of this paragraph, including
procedures for obtaining a statement on a certificate issued under this paragraph of all
taxes, assessments, and charges due to a municipality on the transfer of ownership of a
property.
(c) (1) (i) 1. The requirements for prepayment of personal property
taxes in subsection (b) of this section do not apply to grants of land made:
A. By or on behalf of any mortgagee, lien creditor, trustee of
a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other
court–appointed officer in an insolvency or liquidation proceeding; or
B. By a deed in lieu of foreclosure to any holder of a mortgage
or deed of trust or to the holder’s assignee or designee.
2. The requirements for payment of real property taxes in
subsection (b) of this section do not apply to grants of land that transfer residential real
property from the estate of a decedent to an heir or a legatee of the decedent, if the heir or
legatee of the decedent enters into a payment plan to pay all public taxes, assessments, and
charges currently due and owed on the property with:
A. The county or municipal corporation to which the taxes,
assessments, and charges are due; or
B. The State Tax Sale Ombudsman.
3. The collector of taxes for the county or municipal
corporation to which the taxes, assessments, or charges are due shall provide the heir or
legatee of a decedent to whom property is transferred under subsubparagraph 2 of this
subparagraph with the toll–free telephone number and website address of the State Tax
Sale Ombudsman and a brief description of the services and programs available through
the Ombudsman’s office.
4. When an heir or a legatee of a decedent enters into a
payment plan with a county, a municipal corporation, or the State Tax Sale Ombudsman
under subsubparagraph 2 of this subparagraph, the collector of taxes for the county or
municipal corporation or the State Tax Sale Ombudsman shall provide the heir or legatee
with an affidavit of the payment plan, which the heir or legatee shall provide to the Clerk
of the Circuit Court to record an instrument transferring ownership to the heir or legatee.
(ii) Notwithstanding any other provision of law, and except as
provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other
instrument that effects a grant of land described in subparagraph (i)1 of this paragraph,
the land shall be free and clear of, and unencumbered by, any lien or claim of lien for any
unpaid taxes on personal property.
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WES MOORE, Governor Ch. 751
(iii) Subparagraph (ii) of this paragraph does not apply to:
1. Any lien for unpaid taxes on personal property that
attached to the land by recording and indexing a notice as provided in § 14–804(b) of the
Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other
encumbrance giving rise to the grant of land described in subparagraph (i)1 of this
paragraph; or
2. Unpaid taxes on personal property owed by the transferee
or subsequent owner of the land after a grant of land described in subparagraph (i)1 of this
paragraph.
(iv) This paragraph does not affect the rights of the personal property
tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting
in a grant of land described in subparagraph (i)1 of this paragraph.
(2) Subsection (b) of this section does not apply in Charles, St. Mary’s,
Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery,
Frederick and Washington counties to any deed executed as a mere conduit or for
convenience in holding and passing title, known popularly as a straw deed or, as provided
in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed
which is a supplementary instrument merely confirming, correcting, or modifying a
previously recorded deed, if there is no actual consideration paid or to be paid for the
execution of the supplementary instrument.
(3) Subsection (b) of this section does not apply in Baltimore City and Anne
Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed
transferring property to the county when the controller or treasurer of the county has
certified that the conveyance does not impair the security for any public taxes, assessments,
and charges due on the remaining property of the grantor.
(4) (i) Property may be transferred on the assessment books or records
in July, August, or September if instead of paying the taxes required under subsection (b)(1)
of this section on a property transfer by assumption, a lender or the attorney handling the
transfer of title files with the county treasurer, tax collector, or director of finance of the
county in which the property is assessed a statement that certifies that the lender
maintains a real estate tax escrow account.
(ii) Upon receipt of the statement required in subparagraph (i) of
this paragraph, the county treasurer, tax collector, or director of finance shall endorse on
the deed an appropriate certification and the endorsement shall be sufficient authority for
transfer on the assessment books.
(5) (i) Except as provided in subparagraph (ii) of this paragraph, at the
time of transfer of real property subject to a semiannual payment schedule for the payment
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Ch. 751 2026 LAWS OF MARYLAND
of property taxes, only those semiannual payments that are due for the current taxable
year under § 10–204.3 of the Tax – Property Article must be paid prior to the transfer of
the property.
(ii) The semiannual payments that are due for the current taxable
year under § 10–204.3 of the Tax – Property Article are not required to be paid before the
transfer of the property if:
1. The property is residential real property that is being
transferred from the estate of a decedent to an heir or a legatee of the decedent; and
2. The heir or legatee of the decedent enters into a payment
plan to pay all public taxes, assessments, and charges currently due and owed on the
property with:
A. The county or municipal corporation to which the taxes,
assessments, and charges are due; or
B. The State Tax Sale Ombudsman.
(iii) The collector of taxes for the county or municipal corporation to
which the taxes, assessments, or charges are due shall provide the heir or legatee of a
decedent to whom property is transferred under subparagraph (ii) of this paragraph with
the toll–free telephone number and website address of the State Tax Sale Ombudsman and
a brief description of the services and programs available through the Ombudsman’s office.
(iv) When an heir or a legatee of a decedent enters into a payment
plan with a county, a municipal corporation, or the State Tax Sale Ombudsman under
subparagraph (ii) of this paragraph, the collector of taxes for the county or municipal
corporation or the State Tax Sale Ombudsman shall provide the heir or legatee with an
affidavit of the payment plan, which the heir or legatee shall provide to the Clerk of the
Circuit Court to record an instrument transferring ownership to the heir or legatee.
(6) (i) The requirements for payment of real property taxes in
subsection (b) of this section do not apply to a grant of land that is subject to a payment
plan for property taxes with a county, a municipal corporation, or the State Tax Sale
Ombudsman if the grantee enters into an agreement with the county, municipal
corporation, or the State Tax Sale Ombudsman to assume the grantor’s obligations under
the payment plan.
(ii) The collector of taxes for the county or municipal corporation or
the State Tax Sale Ombudsman shall provide the grantee with an affidavit of the payment
plan, which the grantee shall provide to the Clerk of the Circuit Court to record an
instrument transferring ownership to the grantee.
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WES MOORE, Governor Ch. 751
(d) (1) Every deed or other instrument offered for recordation shall have the
name of each person typed or printed directly above or below the signature of the person.
(2) If a typed or printed name is not provided as required in this subsection,
the clerk shall make reasonable efforts to determine the correct name under which the deed
or other instrument shall be indexed.
(e) (1) (i) Any printed deed or other instrument offered for recordation
shall:
1. Be printed in not less than 8 point type and in black letters
and be on white paper of sufficient weight and thickness to be clearly readable. If the deed
or other instrument is wholly typewritten or typewritten on a printed form, the typewriting
shall be in black letters, in not less than elite type and on white paper of sufficient weight
or thickness as to be clearly readable. The foregoing provisions do not apply to manuscript
covers or backs customarily used on documents offered for recordation. The recording
charge for any instrument not conforming to these requirements shall be three times the
normal amount charged. In any clerk’s office where the deeds or other instruments are
scanned, no instrument on which a rider has been placed or attached in a manner
obscuring, hiding, or covering any other part of the instrument may be offered or received
for record. No instrument not otherwise readily subject to scanning may be offered or
received for record until three times the normal recording charge is paid to the clerk and
unless an affidavit, black type on white paper, is attached and made a part of the document
stating the kind of instrument, the date, the parties to the transaction, description of the
property, and all other pertinent data; and
2. Include at least a 3–inch margin at the top of the first page
and 1–inch margins on the left and right sides of each page of the instrument for official
use.
(ii) After any document has been recorded in one county, a certified
copy of the recorded document may be recorded in any other county.
(2) A certified copy of any document from a state, commonwealth, territory,
or possession of the United States, or the District of Columbia that would otherwise be
recordable under Maryland law may be recorded in this State, if the document contains:
(i) An original certification made by the clerk or other governmental
official having responsibility for the certification or authentication of recorded documents
in the jurisdiction where the document is recorded; and
(ii) An indication of the recording reference and court or other public
registry where the original document is recorded.
(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes
review of an instrument by the certifying attorney.
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Ch. 751 2026 LAWS OF MARYLAND
(ii) A deed other than a mortgage, a deed of trust, an assignment of
rents, an assignment of a lease for security purposes, or an assignment or a release of a
mortgage or a deed of trust may not be recorded unless it bears:
1. The certification of an attorney admitted to the Bar of this
State that the instrument has been prepared by the attorney or under the attorney’s
supervision; or
2. A certification by a party named in the instrument that
the instrument was prepared by that party.
(iii) A mortgage, a deed of trust, an assignment of rents, an
assignment of a lease for security purposes, or an assignment or a release of a mortgage or
a deed of trust prepared by any attorney or one of the parties named in the instrument may
be recorded without the certification required under subparagraph (ii) of this paragraph.
(2) Every deed recorded in Prince George’s County shall contain a reference
to the election district in which the property described in the deed is located.
(3) Every deed or other instrument recorded in Talbot County shall have
written, typed, or printed on its back, to be readily visible when folded for filing in the
appropriate drawer or file, the name of every party to the deed or other instrument and the
nature or character of the instrument.
(4) (I) THIS PARAGRAPH DOES NOT APPLY TO A
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH THE REQUIREMENTS
OF TITLE 14, SUBTITLE 10 OF THIS ARTICLE.
(II) No deed granting property lying within the boundaries of any
sanitary district operated by the County Commissioners of Worcester County may be
accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the
county to indicate that every assessment or charge currently due and owed to the county
with respect to the property described in the deed has been paid.
(5) (I) In Frederick County, if the property to be transferred is a
subdivision, which is being dissected from a larger tract of land, then every public tax,
assessment, and charge due on the larger tract shall be paid before the property is
transferred on the assessment books or land records.
(II) Notwithstanding any other provision of this section, in Frederick
County the certificate of the Treasurer and the appropriate municipal tax collector, if the
property is within an incorporated town or city, showing that every tax has been paid shall
be endorsed on the deed. The endorsement is sufficient authority for transfer on the
assessment books or land records.
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WES MOORE, Governor Ch. 751
(6) Every deed granting a right–of–way or other easement to a public
utility, public agency, or a department or agency of the State shall contain an accurate and
definite description as well as a reference to the liber and folio where the servient land was
granted and a recitation of the grantors, grantees, and the date of the reference deed.
(g) (1) This subsection does not apply to:
(i) An assignment of a mortgage or if presented for recordation, an
assignment of a deed of trust;
(ii) A release of a deed of trust or mortgage;
(iii) A substitution of trustees on a deed of trust;
(iv) A power of attorney;
(v) A financing statement or an amendment, continuation, release,
or termination of a financing statement recorded in land records; or
(vi) A restrictive covenant modification executed under § 3–112 of
this subtitle.
(2) Except as provided in paragraph (1) of this subsection, each deed or
other instrument affecting property and presented for recordation shall be:
(i) Accompanied by a complete intake sheet, on the form that the
Administrative Office of the Courts provides; or
(ii) Endorsed as provided under paragraph (8) of this subsection.
(3) A complete intake sheet shall:
(i) Describe the property by at least one of the following property
identifiers:
1. The property tax account identification number, if any, or
in Montgomery County, any parcel identifier required under § 3–501 of this title, if different
from the tax account number;
2. The street address, if any;
3. If the property is a lot within a subdivided tract, the lot
and block designation, or in Baltimore City, the current land record block number;
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Ch. 751 2026 LAWS OF MARYLAND
4. If the property is part of a tract that has been subdivided
informally and there is neither an assigned tax account identification number for the parcel
nor a lot and block designation, then the street address, if any, or the amount of acreage;
or
5. If the property consists of multiple parcels, the
designation “various lots of ground” or the abbreviation “VAR. L.O.G.”;
(ii) Name each grantor, donor, mortgagor, and assignor and each
grantee, donee, mortgagee, and assignee;
(iii) State the type of instrument;
(iv) State the amount of consideration payable, including the amount
of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt
secured;
(v) State the amount of recording charges due, including the land
records surcharge and any transfer and recordation taxes;
(vi) Identify, by citation or explanation, each claimed exemption from
recording taxes;
(vii) For an instrument effecting a change in ownership, state a tax
bill mailing address; and
(viii) Indicate the person to whom the instrument is to be returned.
(4) An intake sheet may request any other information that the
Administrative Office of the Courts considers necessary in expediting transfers of property
or recording and indexing of instruments.
(5) A clerk may not charge any fee for recording an intake sheet.
(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A clerk may not refuse to record an instrument that does not effect a change
of ownership on the assessment books solely because it is not accompanied by an intake
sheet.
(II) A CLERK MAY REFUSE TO RECORD A TRANSFER–ON–DEATH
DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE IF
IT IS NOT ACCOMPANIED BY AN INTAKE SHEET.
(7) A clerk may refuse to record a deed or instrument that effects a change
of ownership on the assessment rolls if the instrument is not accompanied by a complete
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WES MOORE, Governor Ch. 751
intake sheet or endorsed as transferred on the assessment books by the assessment office
for the county where the property is located.
(8) (i) THIS PARAGRAPH DOES NOT APPLY TO A
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE
10 OF THIS ARTICLE.
(II) If a deed or other instrument that effects a change in ownership
is submitted for transfer on the assessment books without an intake sheet, the person
offering the deed or other instrument shall mail or deliver to the person having charge of
the assessment books the information required on the intake sheet.
[(ii)] (III) When property is transferred on the assessment books
under this paragraph:
1. The transfer shall be to the grantee or assignee named in
the deed or other instrument; and
2. The person recording the transfer shall evidence the fact
of the transfer on the deed or other instrument.
[(iii)] (IV) An endorsement under this paragraph is sufficient to
authorize the recording of the deed or other instrument by the clerk of the appropriate
court.
(9) A clerk may not record an instrument that effects a real property lease
dealing in natural gas and oil unless the instrument is accompanied by a complete intake
sheet.
(10) (i) An intake sheet shall be recorded immediately after the
instrument it accompanies.
(ii) The intake sheet is not part of the instrument and does not
constitute constructive notice as to the contents of the instrument.
(iii) 1. THIS SUBPARAGRAPH DOES NOT APPLY TO A
TRANSFER–ON–DEATH DEED.
2. The lack of an intake sheet does not affect the validity of
any conveyance, lien, or lien priority based on recordation of an instrument.
SUBTITLE 10. MARYLAND TRANSFER–ON–DEATH DEED ACT.
14–1001.
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Ch. 751 2026 LAWS OF MARYLAND
(A) IN THIS SUBTITLE THE FOLLOWING TERMS HAVE THE MEANINGS
INDICATED.
(B) “BENEFICIARY” MEANS A PERSON THAT RECEIVES REAL PROPERTY
UNDER A TRANSFER–ON–DEATH DEED.
(C) “DESIGNATED BENEFICIARY” MEANS A PERSON DESIGNATED TO
RECEIVE REAL PROPERTY IN A TRANSFER–ON–DEATH DEED.
(D) (1) “JOINT OWNER” MEANS AN INDIVIDUAL WHO OWNS PROPERTY
CONCURRENTLY WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF
SURVIVORSHIP.
(2) “JOINT OWNER” INCLUDES:
(I) A JOINT TENANT; AND
(II) AN OWNER OF COMMUNITY PROPERTY WITH A RIGHT OF
SURVIVORSHIP; AND
(III) A TENANT BY THE ENTIRETY.
(3) “JOINT OWNER” DOES NOT INCLUDE A TENANT IN COMMON OR
OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP.
(E) “PROPERTY” MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THE
STATE THAT IS TRANSFERABLE ON THE DEATH OF THE OWNER.
(F) “TRANSFEROR” MEANS AN INDIVIDUAL WHO MAKES A
TRANSFER–ON–DEATH DEED.
(G) “TRANSFER–ON–DEATH DEED” MEANS A DEED AUTHORIZED UNDER
THIS SUBTITLE.
14–1002.
THIS SUBTITLE DOES NOT:
(1) AFFECT ANY METHOD OF TRANSFERRING PROPERTY OTHERWISE
ALLOWED UNDER THE LAWS OF THE STATE; OR
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WES MOORE, Governor Ch. 751
(2) LIMIT THE RIGHT OF ANY PERSON TO MAINTAIN A CIVIL ACTION
FOR DAMAGES OR OTHER REMEDIES OTHERWISE AVAILABLE UNDER ANY OTHER
PROVISION OF LAW.
14–1003.
(A) AN OWNER OF PROPERTY MAY TRANSFER THE PROPERTY TO ONE OR
MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR’S DEATH BY A
TRANSFER–ON–DEATH DEED.
(B) (1) A TRANSFER–ON–DEATH DEED THAT DESIGNATES MULTIPLE
BENEFICIARIES MAY TRANSFER OWNERSHIP OF THE PROPERTY TO THE
BENEFICIARIES UNDER ANY FORM OF TENANCY INDICATED IN THE
TRANSFER–ON–DEATH DEED.
(2) IF THE TRANSFER–ON–DEATH DEED DOES NOT INDICATE A FORM
OF TENANCY, TITLE TO THE PROPERTY SHALL BE CONVEYED TO THE DESIGNATED
BENEFICIARIES ON THE DEATH OF THE OWNER OR, IF THERE ARE MULTIPLE
OWNERS, ON THE DEATH OF THE LAST SURVIVING OWNER, AS JOINT TENANTS WITH
RIGHTS OF SURVIVORSHIP.
14–1004.
(A) A TRANSFER–ON–DEATH DEED IS NONTESTAMENTARY.
(B) A TRANSFER–ON–DEATH DEED IS REVOCABLE EVEN IF THE DEED OR
ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION.
(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A
TRANSFER–ON–DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A
WILL.
14–1005.
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
TRANSFER–ON–DEATH DEED SHALL COMPLY WITH § 4–101 OF THIS ARTICLE.
(B) A TRANSFER–ON–DEATH DEED SHALL STATE THAT THE TRANSFER TO
THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR’S DEATH.
14–1006.
– 15 –
Ch. 751 2026 LAWS OF MARYLAND
(A) A TRANSFER–ON–DEATH DEED IS EFFECTIVE IF, PRIOR TO THE DEATH
OF THE TRANSFEROR, IT IS RECORDED IN THE LAND RECORDS OF THE COUNTY
WHERE THE PROPERTY IS LOCATED IN ACCORDANCE WITH § 3–104 OF THIS
ARTICLE.
(B) A TRANSFER–ON–DEATH DEED IS EFFECTIVE WITHOUT:
(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY A DESIGNATED
BENEFICIARY DURING THE TRANSFEROR’S LIFE; OR
(2) CONSIDERATION.
14–1007.
DURING A TRANSFEROR’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT:
(1) AFFECT AN INTEREST OR A RIGHT OF THE TRANSFEROR OR ANY
OTHER OWNER, INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE
PROPERTY;
(2) AFFECT AN INTEREST OR A RIGHT OF A TRANSFEREE, EVEN IF THE
TRANSFEREE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE
TRANSFER–ON–DEATH DEED;
(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED OR UNSECURED
CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS
ACTUAL OR CONSTRUCTIVE NOTICE OF THE TRANSFER–ON–DEATH DEED;
(4) AFFECT THE TRANSFEROR’S OR DESIGNATED BENEFICIARY’S
ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE;
(5) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF ANY
DESIGNATED BENEFICIARY; OR
(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR
OF ANY DESIGNATED BENEFICIARY.
14–1008.
(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION, PRIOR TO THE DEATH
OF THE TRANSFEROR, THE TRANSFEROR MAY REVOKE A PREVIOUSLY RECORDED
TRANSFER–ON–DEATH DEED, OR ANY PART OF THAT RECORDED
– 16 –
WES MOORE, Governor Ch. 751
TRANSFER–ON–DEATH DEED, BY RECORDING IN THE LAND RECORDS OF THE
COUNTY IN WHICH THE PROPERTY IS LOCATED, BEFORE THE DEATH OF THE
TRANSFEROR, AN EXECUTED AND ACKNOWLEDGED:
(1) TRANSFER–ON–DEATH DEED THAT REVOKES THE DEED OR PART
OF THE DEED EXPRESSLY OR BY INCONSISTENCY AND THAT IS RECORDED BEFORE
THE DEATH OF THE TRANSFEROR;
(2) INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE
DEED OR PART OF THE DEED AND THAT IS RECORDED BEFORE THE DEATH OF THE
TRANSFEROR; OR
(3) INTER VIVOS DEED THAT EXPRESSLY REVOKES THE
TRANSFER–ON–DEATH DEED OR PART OF THE DEED EXPRESSLY OR BY
INCONSISTENCY AND THAT IS DELIVERED BEFORE THE DEATH OF THE
TRANSFEROR.
(B) AFTER A TRANSFER–ON–DEATH DEED IS RECORDED, IT MAY NOT BE
REVOKED BY:
(1) A REVOCATORY ACT ON THE DEED; OR
(2) A TESTAMENTARY DOCUMENT EXECUTED BY THE TRANSFEROR,
EVEN IF THE TESTAMENTARY DOCUMENT IS EXECUTED AFTER THE DATE OF
RECORDATION OF THE TRANSFER–ON–DEATH DEED.
(C) IF A TRANSFER–ON–DEATH DEED IS MADE BY MORE THAN ONE
TRANSFEROR:
(1) REVOCATION BY A TRANSFEROR DOES NOT AFFECT THE DEED AS
TO THE INTEREST OF ANOTHER TRANSFEROR; AND
(2) A DEED BY JOINT OWNERS IS REVOKED ONLY IF IT IS REVOKED BY
ALL LIVING JOINT OWNERS.
(D) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VIVOS
TRANSFER OF THE PROPERTY.
14–1009.
(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER–ON–DEATH
DEED OR IN THIS SECTION, THIS SECTION APPLIES ON THE DEATH OF A TRANSFEROR
– 17 –
Ch. 751 2026 LAWS OF MARYLAND
TO PROPERTY THAT IS THE SUBJECT OF A TRANSFER–ON–DEATH DEED OWNED BY
THE TRANSFEROR AT DEATH, SUBJECT TO THE LIMITATIONS UNDER:
(I) TITLE 3, SUBTITLE 3 OF THE ESTATES AND TRUSTS
ARTICLE (STATUTORY SHARE OF PRETERMITTED CHILD AND ISSUE);
(II) TITLE 3, SUBTITLE 4 OF THE ESTATES AND TRUSTS
ARTICLE (ELECTIVE SHARE OF SURVIVING SPOUSE);
(III) SECTION 4–105(B)(3) AND (4) OF THE ESTATES AND
TRUSTS ARTICLE (REVOCATION BY SUBSEQUENT MARRIAGE FOLLOWED BY A CHILD
OR BY DIVORCE);
(IV) SECTION 4–403 OF THE ESTATES AND TRUSTS ARTICLE
(LAPSE);
(V) SECTION 11–112 OF THE ESTATES AND TRUSTS ARTICLE
(DISQUALIFICATION FROM INHERITING PROPERTY OR AN INTEREST IN PROPERTY
FOR FELONIOUSLY AND INTENTIONALLY KILLING, CONSPIRING TO KILL, OR
PROCURING THE KILLING OF A DECEDENT); AND
(VI) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE
(SIMULTANEOUS DEATH).
(2) (I) THE INTEREST IN THE PROPERTY IS TRANSFERRED TO A
DESIGNATED BENEFICIARY IN ACCORDANCE WITH THE TRANSFER–ON–DEATH DEED
ON THE DEATH OF THE TRANSFEROR IF THE BENEFICIARY SURVIVES THE
TRANSFEROR.
(II) IF THE DESIGNATED BENEFICIARY DOES NOT SURVIVE THE
TRANSFEROR AND THE TRANSFEROR HAS PROVIDED FOR AN ALTERNATE
DESIGNATED BENEFICIARY IN THE TRANSFER–ON–DEATH DEED, THE INTEREST IN
THE PROPERTY IS TRANSFERRED TO A SURVIVING ALTERNATE DESIGNATED
BENEFICIARY IN ACCORDANCE WITH THE TRANSFER–ON–DEATH DEED ON THE
DEATH OF THE TRANSFEROR.
(III) THE INTEREST OF ANY DESIGNATED BENEFICIARY WHO
FAILS TO SURVIVE THE TRANSFEROR LAPSES.
(IV) A TRANSFER–ON–DEATH DEED MAY PROVIDE FOR
SUCCESSIVE ALTERNATE DESIGNATED BENEFICIARIES.
– 18 –
WES MOORE, Governor Ch. 751
(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THIS ARTICLE, A
BENEFICIARY TAKES THE PROPERTY TRANSFERRED BY THE TRANSFER–ON–DEATH
DEED SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS,
CONTRACTS, MORTGAGES, LIENS, AND ANY OTHER SECURITY AGREEMENTS, AS
DEFINED IN § 9–102 OF THE COMMERCIAL LAW ARTICLE, THAT THE PROPERTY IS
SUBJECT TO AT THE TRANSFEROR’S DEATH.
(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE
TRANSFER–ON–DEATH DEED IS DEEMED TO HAVE OCCURRED AT THE
TRANSFEROR’S DEATH.
(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT
COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER–ON–DEATH DEED
CONTAINS A CONTRARY PROVISION.
(D) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED
BENEFICIARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE
CONCURRENT INTERESTS ARE TRANSFERRED TO THE BENEFICIARIES AS JOINT
TENANTS WITH A RIGHT OF SURVIVORSHIP.
(E) (1) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR
MORE JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF THE
TRANSFER–ON–DEATH DEED BELONGS TO THE SURVIVING JOINT OWNER OR
OWNERS WITH RIGHT OF SURVIVORSHIP.
(2) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING
JOINT OWNER, THE TRANSFER–ON–DEATH DEED IS EFFECTIVE ON THE DEATH OF
THE LAST SURVIVING JOINT OWNER.
14–1010.
ANY BENEFICIARY MAY DISCLAIM ALL OR PART OF THE BENEFICIARY’S
INTEREST AS PROVIDED UNDER THE MARYLAND UNIFORM DISCLAIMER OF
PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THE ESTATES AND TRUSTS
ARTICLE.
14–1011.
(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FORM
TRANSFER–ON–DEATH DEED PROVIDED IN THIS SECTION.
– 19 –
Ch. 751 2026 LAWS OF MARYLAND
(B) (1) AN INDIVIDUAL MAY ESTABLISH A TRANSFER–ON–DEATH DEED
BY EXECUTING, ACKNOWLEDGING, AND RECORDING A FORM TRANSFER–ON–DEATH
DEED.
(2) THE FORM TRANSFER–ON–DEATH DEED SHALL:
(I) BE RECORDED IN ACCORDANCE WITH THE POLICIES AND
PROCEDURES ESTABLISHED BY THE CLERK OF THE CIRCUIT COURT BEFORE THE
TRANSFEROR’S DEATH; AND
(II) STATE THAT THE TRANSFER TO THE BENEFICIARY OCCURS
AT THE TRANSFEROR’S DEATH.
(C) THE FOLLOWING FORM MAY BE USED TO CREATE A
TRANSFER–ON–DEATH DEED:
“FORM TRANSFER–ON–DEATH DEED
NOTICE TO OWNER
YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF
THIS FORM AND THE “COMMON QUESTIONS ABOUT THE USE OF THIS FORM”
DOCUMENT.
YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
THIS FORM IS FOR CURRENT PROPERTY OWNERS. IF NOT ALL CURRENT
OWNERS ARE SIGNING THIS FORM, YOUR NAME HAS CHANGED SINCE YOU ACQUIRED
THE PROPERTY, OR YOU WISH TO NAME MULTIPLE PEOPLE TO OWN THE PROPERTY
IN THE FUTURE, CONSULTATION WITH A LAWYER IS STRONGLY ADVISED. USE OF
THIS FORM FOR MORE COMPLEX SITUATIONS THAN PROVIDED FOR IN THE FORM
MAY HAVE UNINTENDED CONSEQUENCES.
THIS FORM MUST BE NOTARIZED AND RECORDED IN EACH COUNTY (OR
BALTIMORE CITY) IN WHICH THE PROPERTY IS LOCATED BEFORE YOUR DEATH, OR
IT WILL NOT BE EFFECTIVE. THE WITNESSES AND NOTARY PUBLIC CANNOT BE
RELATIVES OR BENEFICIARIES OF THE OWNER(S) OR NAMED BENEFICIARIES A
RELATIVE OF ANY BENEFICIARY OR OWNER.
PLEASE ATTACH AND RECORD ADDITIONAL PAGES IF THE REQUESTED
INFORMATION DOES NOT FIT ON THIS FORM.
IDENTIFYING INFORMATION
– 20 –
WES MOORE, Governor Ch. 751
OWNER(S) MAKING THIS DEED:
__________________________ ________________________________
PRINTED NAME MAILING ADDRESS
_____________________________ _________________________________
PRINTED NAME MAILING ADDRESS
LEGAL DESCRIPTION OF THE PROPERTY:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
BENEFICIARIES
NOTE: IF THIS FORM NAMES MULTIPLE PRIMARY BENEFICIARIES OR ALTERNATE
BENEFICIARIES AND DOES NOT INDICATE A DIFFERENT FORM OF OWNERSHIP, THE
PROPERTY WILL BE TRANSFERRED TO THEM AS JOINT TENANTS WITH RIGHTS OF
SURVIVORSHIP.
PRIMARY BENEFICIARY OR BENEFICIARIES
I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES
BENEFICIARY OR BENEFICIARIES IF THE BENEFICIARY OR BENEFICIARIES SURVIVE
ME.
_________________________ _________________________________
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
________________________ _________________________________
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
ALTERNATE BENEFICIARY – OPTIONAL
IF MY PRIMARY BENEFICIARY DOES OR BENEFICIARIES DO NOT SURVIVE ME,
I DESIGNATE THE FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY
SURVIVES ME.
_________________________ _________________________________
– 21 –
Ch. 751 2026 LAWS OF MARYLAND
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
TRANSFER ON DEATH
AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO
THE BENEFICIARIES AS DESIGNATED ABOVE.
BEFORE MY DEATH, I HAVE THE FULL RIGHT TO REVOKE THIS DEED.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
_________________________ (SEAL) _________________
SIGNATURE DATE
_______________________________
PRINTED NAME
_________________________ (SEAL) _________________
SIGNATURE DATE
_______________________________
PRINTED NAME
PREPARER
I HEREBY CERTIFY THAT THIS REVOCABLE TRANSFER–ON–DEATH DEED WAS
PREPARED BY _______________________, (OWNER/PRIMARY
BENEFICIARY/ALTERNATE BENEFICIARY), A PARTY TO THIS INSTRUMENT.
SIGNATURE: ____________________________
PRINTED NAME: _________________________
ACKNOWLEDGMENT
STATE OF _______________ COUNTY OF ________________
THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY
___________________________________
SIGNATURE OF NOTARIAL OFFICER
– 22 –
WES MOORE, Governor Ch. 751
TITLE OF OFFICE
STAMP
MY COMMISSION EXPIRES: ________”.
(D) THE FOLLOWING INFORMATIONAL SHEET MAY BE USED TO EXPLAIN
THE FORM FOR TRANSFER–ON–DEATH DEED:
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH
A TRANSFER–ON–DEATH DEED AT THE DEPARTMENT OF LAND
RECORDS IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT.
SHOULD I CONSULT AN ATTORNEY PRIOR TO COMPLETING THIS FORM? IT IS
ALWAYS RECOMMENDED THAT YOU SPEAK WITH AN ATTORNEY BEFORE SIGNING A
DEED, AND THIS FORM MAY NOT BE APPROPRIATE FOR ALL CIRCUMSTANCES. THIS
FORM MAY NOT BE APPROPRIATE IF YOUR NAME IS NOT ON THE CURRENT DEED TO
THE PROPERTY, YOUR CURRENT LEGAL NAME IS DIFFERENT THAN YOUR NAME ON
THE CURRENT DEED, YOU OWN THE PROPERTY WITH OTHER INDIVIDUALS, OR YOU
WANT TO NAME MULTIPLE PEOPLE TO INHERIT YOUR PROPERTY TOGETHER.
WHAT DOES THE TRANSFER–ON–DEATH DEED DO? WHEN YOU DIE, THIS DEED
TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO CERTAIN SECURITY
AGREEMENTS ON THE PROPERTY, SUBJECT TO ANY LIENS, MORTGAGES, OR OTHER
ENCUMBRANCES ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED.
THE TRANSFER–ON–DEATH DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE
IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE
ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY
WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT.
HOW DO I MAKE A TRANSFER–ON–DEATH DEED? COMPLETE THIS FORM.
HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR OTHER INDIVIDUAL
AUTHORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS. RECORD THE FORM IN
EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO
EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH.
IS THE “LEGAL DESCRIPTION” OF THE PROPERTY NECESSARY? YES.
HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY? THIS
INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER
OF THE PROPERTY AND MAY BE FOUND IN A PARAGRAPH THAT STARTS WITH THE
– 23 –
Ch. 751 2026 LAWS OF MARYLAND
WORDS “BEGINNING” OR “BEING”. THIS INFORMATION MAY ALSO BE AVAILABLE IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT FOR THE COUNTY WHERE THE
PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
WHAT HAPPENS IF I SELECT MULTIPLE BENEFICIARIES? IF THIS FORM NAMES
MULTIPLE PRIMARY AND/OR ALTERNATE BENEFICIARIES AND YOU DO NOT
INDICATE A DIFFERENT FORM OF OWNERSHIP, THE PROPERTY WILL BE
TRANSFERRED TO THEM AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. IF YOU
ARE NOT SURE WHETHER THIS IS THE APPROPRIATE OWNERSHIP STRUCTURE FOR
YOUR BENEFICIARIES, CONSULT WITH AN ATTORNEY.
CAN I CHANGE MY MIND BEFORE I RECORD THE TRANSFER–ON–DEATH DEED?
YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR
MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED.
WHICH CONTROLS AT MY DEATH, MY WILL OR THE TRANSFER–ON–DEATH
DEED? THE TRANSFER–ON–DEATH DEED CONTROLS OVER A CONTRARY
INSTRUCTION IN A WILL.
HOW DO I “RECORD” THE TRANSFER–ON–DEATH DEED? TAKE THE
COMPLETED AND ACKNOWLEDGED FORM TO THE CLERK OF THE CIRCUIT COURT
FOR THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS
GIVEN BY THE CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFFICIAL
PROPERTY RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU
SHOULD RECORD THE DEED IN EACH COUNTY.
DOES A TRANSFER–ON–DEATH DEED HELP AVOID INHERITANCE TAXES? NO.
YOUR BENEFICIARY MAY NEED TO PAY INHERITANCE TAXES AS A RESULT OF THE
TRANSFER–ON–DEATH DEED. IF YOU HAVE QUESTIONS RELATED TO INHERITANCE
TAXES, CONSULT A LAWYER.
CAN I LATER REVOKE THE TRANSFER–ON–DEATH DEED IF I CHANGE MY
MIND? YES. YOU CAN REVOKE THE TRANSFER–ON–DEATH DEED. NO ONE,
INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED.
HOW DO I REVOKE THE TRANSFER–ON–DEATH DEED AFTER IT IS RECORDED?
THERE ARE THREE WAYS TO REVOKE A RECORDED TRANSFER–ON–DEATH DEED: (1)
COMPLETE AND ACKNOWLEDGE A REVOCATION FORM, AND RECORD IT IN EACH
COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A
NEW TRANSFER–ON–DEATH DEED THAT DISPOSES OF THE SAME PROPERTY, AND
RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE
PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT
– 24 –
WES MOORE, Governor Ch. 751
EXPRESSLY REVOKES THE TRANSFER–ON–DEATH DEED. YOU MAY NOT REVOKE THE
TRANSFER–ON–DEATH DEED BY WILL.
I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO
NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED
FAMILY MEMBER, FRIEND, OR LAWYER.
DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TRANSFER–ON–DEATH
DEED? NO, BUT IT IS STRONGLY RECOMMENDED. SECRECY NON–DISCLOSURE CAN
CAUSE LATER COMPLICATIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO
COMMIT FRAUD.
COULD A TRANSFER–ON–DEATH DEED I RECORD TODAY BE AFFECTED IF I
DIVORCE LATER OR GET MARRIED AND HAVE CHILDREN? YES. IF YOU CREATE A
TRANSFER–ON–DEATH DEED THAT NAMES YOUR SPOUSE AS THE BENEFICIARY
WHILE YOU ARE MARRIED AND YOU LATER DIVORCE OR YOUR MARRIAGE IS
ANNULLED, THE TRANSFER–ON–DEATH DEED WILL BE CONSIDERED TO BE
AUTOMATICALLY REVOKED. ADDITIONALLY, IF YOU RECORD A
TRANSFER–ON–DEATH DEED NAMING ANY BENEFICIARY AND LATER MARRY AND
HAVE CHILDREN WITH YOUR FUTURE SPOUSE BY BIRTH, ADOPTION, OR
LEGITIMATION, YOUR TRANSFER–ON–DEATH DEED WILL BE CONSIDERED TO BE
AUTOMATICALLY REVOKED.
AS A BENEFICIARY, WHAT DO I DO ONCE THE OWNER HAS DIED? YOU WILL
AUTOMATICALLY RECEIVE THE PROPERTY WHEN THE OWNER DIES, UNLESS YOU
FOLLOW MARYLAND’S PROCEDURE TO DISCLAIM YOUR INTEREST. YOU MAY WISH
TO EXECUTE AND RECORD A TRANSFER–ON–DEATH NOTIFICATION OF DEATH FORM
TO SHOW THAT YOU ARE NOW THE RIGHTFUL OWNER OF THE PROPERTY.
I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER
QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.”.
14–1012.
(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FORM PROVIDED UNDER
THIS SECTION, OR ANY OTHER INSTRUMENT USED TO REVOKE A
TRANSFER–ON–DEATH DEED.
(B) THE FOLLOWING FORM MAY BE USED TO CREATE AN INSTRUMENT OF
REVOCATION UNDER THIS SUBTITLE:
“REVOCATION OF A TRANSFER–ON–DEATH DEED
– 25 –
Ch. 751 2026 LAWS OF MARYLAND
NOTICE TO OWNER
THIS REVOCATION MUST BE RECORDED IN EACH COUNTY (OR BALTIMORE
CITY) IN WHICH THE PROPERTY IS LOCATED BEFORE YOU DIE OR IT WILL NOT BE
EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE
PROPERTY OF THE OWNER WHO SIGNS THIS REVOCATION.
IDENTIFYING INFORMATION
OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION:
_____________________________ _____________________________
PRINTED NAME MAILING ADDRESS
_____________________________ _____________________________
PRINTED NAME MAILING ADDRESS
LEGAL DESCRIPTION OF THE PROPERTY:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
REVOCATION
I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY
TRANSFER–ON–DEATH DEED.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
_______________________________ (SEAL) _______________
SIGNATURE DATE
_______________________________
PRINTED NAME
_______________________________ (SEAL) _______________
SIGNATURE DATE
_______________________________
– 26 –
WES MOORE, Governor Ch. 751
PRINTED NAME
ACKNOWLEDGMENT
STATE OF ____________ COUNTY OF ______________
THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY
___________________________________
SIGNATURE OF NOTARIAL OFFICER
TITLE OF OFFICE
STAMP
MY COMMISSION EXPIRES: ________
“COMMON QUESTIONS ABOUT USE OF THIS FORM
THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A
REVOCATION OF A TRANSFER–ON–DEATH DEED AT THE OFFICE OF
LAND RECORDS.
HOW DO I USE THIS FORM TO REVOKE A RECORDED FORM
TRANSFER–ON–DEATH DEED OR OTHER TRANSFER–ON–DEATH DEED? COMPLETE
THIS REVOCATION FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
OTHER INDIVIDUAL AUTHORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS.
RECORD THE FORM IN THE LAND RECORDS OF EACH COUNTY WHERE THE
PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND RECORDED
BEFORE YOUR DEATH OR IT HAS NO EFFECT.
HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY? THIS
INFORMATION MAY BE ON THE TRANSFER–ON–DEATH DEED. IT MAY ALSO BE
AVAILABLE IN THE LAND RECORDS FOR THE COUNTY WHERE THE PROPERTY IS
LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
HOW DO I “RECORD” THE FORM? TAKE THE COMPLETED AND
ACKNOWLEDGED FORM TO THE CLERK OF THE CIRCUIT COURT FOR THE COUNTY
WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN BY THE
CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS.
IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD
THE FORM IN EACH OF THOSE COUNTIES.
– 27 –
Ch. 751 2026 LAWS OF MARYLAND
I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO
NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED
FAMILY MEMBER, FRIEND, OR LAWYER.
I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO? THIS
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER
QUESTIONS, CONSULT A LAWYER.”.
14–1013.
(A) (1) ON THE DEATH OF A TRANSFEROR, A BENEFICIARY OR THE
BENEFICIARIES OF A TRANSFER–ON–DEATH DEED MAY RECORD NOTICE OF THE
DEATH OF A TRANSFEROR IN THE LAND RECORDS OF THE COUNTY IN WHICH THE
PROPERTY IS LOCATED.
(2) NOTICE OF THE DEATH OF THE TRANSFEROR IS NOT REQUIRED
TO EFFECTUATE THE TRANSFER OF THE PROPERTY, WHICH IS DEEMED TO HAVE
OCCURRED AT THE DEATH OF THE TRANSFEROR.
(3) THE CLERK OF THE COURT SHALL FORWARD NOTIFICATION OF
THE DEATH OF A TRANSFEROR TO THE MARYLAND STATE DEPARTMENT OF
ASSESSMENTS AND TAXATION IN THE SAME MANNER AS A DEED OR A LEASE.
(B) THE FOLLOWING FORM MAY BE USED AND RECORDED UNDER
SUBSECTION (A) OF THIS SECTION TO PROVIDE NOTICE OF THE DEATH OF A
TRANSFEROR:
“TRANSFER–ON–DEATH DEED NOTIFICATION OF DEATH
THE UNDERSIGNED HEREBY AFFIRMS, UNDER THE PENALTIES OF PERJURY,
THAT THE FOLLOWING IS TRUE REGARDING A TRANSFER–ON–DEATH DEED (TODD)
RECORDED ON THE SUBJECT PROPERTY:
NAME OF TRANSFEROR(S): ____________________________________________
RECORDING REFERENCE OF TODD:
BOOK/LIBER NUMBER: _______, PAGE/FOLIO: _______, DATED THE ___ DAY OF
____________, 20___, AND RECORDED AMONG THE LAND RECORDS OF
____________________ CITY/COUNTY.
– 28 –
WES MOORE, Governor Ch. 751
COMPLETE ADDRESS OF SUBJECT PROPERTY AS IT APPEARS IN RECORDS OF
MARYLAND STATE DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT):
_________________________________________________________________________
_________________________________________________________________________
SDAT TAX IDENTIFICATION NUMBER: _______________________________________
NOTE: THE INFORMATION ABOVE MAY BE AVAILABLE ON SDAT’S WEBSITE.
TODD TRANSFEROR INFORMATION
DATE OF TRANSFEROR’S DEATH: ___________________________
STATE WHERE DEATH CERTIFICATE ISSUED: ______________________
DEATH CERTIFICATE FILE OR REGISTRATION NUMBER: _____________________
TODD BENEFICIARY INFORMATION
NAME OF BENEFICIARY OR BENEFICIARIES IDENTIFIED ON TODD:
____________________________________________________________________________
________________________________________________________________________
MAILING ADDRESS OF BENEFICIARY WHO WILL BE RESPONSIBLE FOR REAL
PROPERTY TAXES:
____________________________________________________________________________
________________________________________________________________________
RELATIONSHIP(S) OF BENEFICIARY OR BENEFICIARIES TO TRANSFEROR:
____________________________________________________________________________
________________________________________________________________________
IF A BENEFICIARY OR BENEFICIARIES DIED AFTER THE TRANSFEROR’S DEATH,
PROVIDE THE DATE OF DEATH, DEATH CERTIFICATE STATE AND
FILE/REGISTRATION NUMBER HERE. IF THE BENEFICIARY OR BENEFICIARIES DIED
PRIOR TO THE TRANSFEROR, THEIR INTEREST IN THE PROPERTY HAS LAPSED.
____________________________________________________________________________
___________
BENEFICIARY SIGNATURE: __________________________
DATE: ______________________________
BENEFICIARY SIGNATURE: __________________________
DATE: ______________________________
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Ch. 751 2026 LAWS OF MARYLAND
ACKNOWLEDGMENT
STATE OF ____________ COUNTY OF ______________
THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY
___________________________________
SIGNATURE OF NOTARIAL OFFICER
TITLE OF OFFICE
STAMP
MY COMMISSION EXPIRES: ________
CERTIFICATION OF OCCUPANCY STATUS
SELECT ONE OF THE BELOW OPTIONS THAT CORRECTLY DESCRIBES THE
PROPERTY’S OCCUPANCY STATUS:
OPTION ONE:
____ NONE OF THE BENEFICIARIES INHERITING THE SUBJECT PROPERTY UNDER
THE DEED REFERENCED IN THIS NOTIFICATION LIVE AT THIS PROPERTY AS THEIR
PRINCIPAL RESIDENCE.
OR
OPTION TWO:
____ AT LEAST ONE OF THE BENEFICIARIES INHERITING THE SUBJECT PROPERTY
UNDER THE DEED REFERENCED IN THIS NOTIFICATION LIVES AT THIS PROPERTY AS
THEIR PRINCIPAL RESIDENCE.
IF YOU SELECTED OPTION TWO AND YOU ARE THE BENEFICIARY OCCUPYING THE
PROPERTY, PLEASE COMPLETE THE FOLLOWING:
I, ______________________ (PRINT NAME), DO HEREBY CERTIFY AND AFFIRM UNDER
THE PENALTIES OF PERJURY THAT I CURRENTLY LIVE AT AND WILL CONTINUE TO
LIVE AT THE ABOVE–REFERENCED PROPERTY, FOLLOWING THE RECORDING OF
THIS NOTIFICATION. I SHALL OCCUPY THE PROPERTY AS MY PRINCIPAL RESIDENCE
FOR AT LEAST 7 OF THE NEXT 12 MONTHS.
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WES MOORE, Governor Ch. 751
_______________________________________
SIGNATURE”.
14–1014.
THIS SUBTITLE MODIFIES, LIMITS, AND SUPERSEDES THE FEDERAL
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C.
SECTION 7001, ET SEQ., BUT DOES NOT MODIFY, LIMIT, OR SUPERSEDE SECTION
101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRONIC
DELIVERY OF ANY OF THE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15
U.S.C. SECTION 7003(B).
Article – Tax – Property
12–108.
(II) A REAL PROPERTY TRANSFER–ON–DEATH DEED UNDER TITLE 14 OF
THE REAL PROPERTY ARTICLE IS NOT SUBJECT TO RECORDATION TAX IF THE
PROPERTY IS A PRIMARY RESIDENCE OR A SECONDARY RESIDENCE OF THE
TRANSFEROR.
13–207.
(a) An instrument of writing is not subject to transfer tax to the same extent that
it is not subject to recordation tax under:
(25) § 12–108(gg) of this article (Transfer of principal residence surrendered
in bankruptcy); [or]
(26) § 12–108(hh) of this article (Transfer of real property within the Pimlico
racing facility site, Pimlico site, Bowie Race Course Training Center property, or training
facility site); OR
(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY
TRANSFER–ON–DEATH DEED).
13–414.
AN INSTRUMENT OF WRITING THAT IS EXEMPT FROM RECORDATION TAX
UNDER § 12–108(II) OF THIS ARTICLE (REAL PROPERTY TRANSFER–ON–DEATH
DEED) IS NOT SUBJECT TO COUNTY TRANSFER TAX.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be interpreted
and enforced by a court in accordance with existing law governing life estates with powers
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Ch. 751 2026 LAWS OF MARYLAND
of alienation, to the extent practicable and so long as the interpretation and enforcement
does not conflict with the uniform application of the Uniform Real Property Transfer on
Death Act promulgated by the Uniform Law Commission.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a
transfer–on–death deed that was made before, on, or after the effective date of this Act by
a transferor who dies on or after the effective date of this Act.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 26, 2026.
– 32 –Every fact on this page links to its source, starting with the official bill record.