Affidavit of Death for Washington County, Maryland

In Maryland, a transfer on death deed beneficiary records the “Transfer-on-Death Deed Notification of Death”. In Washington County, the Clerk of the Circuit Court records it for $60 for 1-9 pages, $115 for 10+ pages.

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Who may sign in Maryland: A beneficiary or the beneficiaries of the transfer-on-death deed.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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The “Transfer-on-Death Deed Notification of Death”: In Maryland a transfer-on-death deed passes the property to the beneficiary at the owner's death, and no recording is needed for the transfer. A beneficiary may record the statute's notification of death form, signed under the penalties of perjury and acknowledged before a notary. A transfer on death deed beneficiary records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: A beneficiary or the beneficiaries of the transfer-on-death deed. The affidavit is acknowledged before a notary public.

It states: an affirmation under the penalties of perjury that the statements about the recorded transfer-on-death deed are true; the name of each transferor; the recording reference of the transfer-on-death deed: book or liber, page or folio, the date it was recorded and the city or county land records; the complete address of the property as it appears in the records of the State Department of Assessments and Taxation; the property tax identification number assigned by the State Department of Assessments and Taxation; the date of the transferor's death; the state that issued the death certificate and its file or registration number; the name of each beneficiary identified on the transfer-on-death deed; the mailing address of the beneficiary who will be responsible for the real property taxes; the relationship of each beneficiary to the transferor; for a beneficiary who died after the transferor: the date of death and the death certificate's issuing state and file or registration number; the signature of each beneficiary, with the date; a certification of the property's occupancy status: whether any beneficiary lives at the property as a principal residence; where a beneficiary lives at the property: that beneficiary's certification under the penalties of perjury to occupy it as a principal residence for at least 7 of the next 12 months after recording.

Recording is not a condition of the transfer: title passed at the death under the instrument. Filed with it: Intake sheet.

Maryland law names no affidavit or certificate to record when a joint tenant or tenant by the entirety dies. The deceased owner's interest passes to the survivor under the deed that created the joint tenancy or tenancy by the entirety.

Recording an Affidavit of Death in Washington County

An affidavit of death for Washington County property is recorded with the Clerk of the Circuit Court at 24 Summit Avenue, Hagerstown, MD 21740. Phone: 1-301-733-8660. Hours: Monday-Friday 8:30 AM-4:30 PM.

Recording costs $60 for 1-9 pages, $115 for 10+ pages; a 2-page affidavit records for $60. Page count, cover sheets, and any local add-ons can change the final amount, so confirm the total with the Clerk of the Circuit Court before submitting. Washington County accepts e-recording through Simplifile.

In Maryland, the affidavit is acknowledged before a notary public. Recording is not a condition of the transfer.

SimplyTrust Editorial·Updated October 26, 2026

Legal Sources

Md. Code, Real Prop. § 14-1013
Md. Code, Real Prop. § 3-104(g)
Md. Code, Real Property § 3-601(a)(2) (recording fee); Md. Code, Cts. & Jud. Proc. § 13-604(a)(2) ($40 surcharge)
Md. Code, Real Prop. § 14-1013(a)(2)
Md. Code, Real Prop. § 14-1013(b)
mdcourts.gov

Data sourced from Maryland statutes and official state code and Clerk of the Circuit Court primary sources (3 pages reviewed). How we research.

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Affidavit of Death for Washington County, Maryland

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