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Maryland does not authorize transfer on death deeds. 4 alternatives are available to transfer real property at death without probate.
Maryland enacted the Maryland Transfer-on-Death Deed Act in the 2026 Regular Session (HB738, Chapter 751 / cross-filed SB651, Chapter 750, signed by the Governor on May 26, 2026), codified at Md. Code, Real Property Article, Title 14, Subtitle 10 (sections 14-1001 through 14-1014). The Act does not take effect until October 1, 2026, so transfer-on-death deeds for real property are not yet legally operative in Maryland; a deed recorded before the effective date is not yet effective under the Act.
Maryland's transfer-on-death deed statute is ENACTED but NOT YET EFFECTIVE (today is 2026-05-29; effective date October 1, 2026), so this entry stays available:false until the effective date. Earlier bills (HB1270 in 2022; HB986/SB146 in 2023) died in committee. In the 2026 Regular Session, HB738 (Chapter 751) and cross-filed SB651 (Chapter 750), both titled "Real Property - Transfer-on-Death Deed - Establishment," passed both chambers and were approved by the Governor on May 26, 2026, enacting the Maryland Transfer-on-Death Deed Act at Md. Code, Real Property Article, Title 14, Subtitle 10 (sections 14-1001 through 14-1014), with conforming amendments adding Estates & Trusts section 1-402 (nontestamentary effect) and Tax-Property recordation/transfer tax exemptions (sections 12-108(ii), 13-207, 13-414) for a transferor's primary or secondary residence. The Act is modeled on the Uniform Real Property Transfer on Death Act (URPTODA) and SECTION 2 directs courts to interpret it consistently with URPTODA. Once effective: only an individual may be a transferor (section 14-1001(F)); the deed is revocable even if it states otherwise (section 14-1004(B)) and capacity is the same as to make a will (section 14-1004(C)); it must be acknowledged before a notary and comply with RP section 4-101 deed formalities (section 14-1005(A)) with no witness requirement; it is effective only if recorded in the county land records before the transferor's death and is effective without notice, delivery, acceptance, or consideration (section 14-1006); the beneficiary takes subject to all conveyances, encumbrances, mortgages, and liens at the transferor's death and without covenant or warranty of title (section 14-1009(B)(1) and (C)); multiple beneficiaries take under the form of tenancy indicated in the deed, defaulting to joint tenants with rights of survivorship (section 14-1003(B)); a predeceasing beneficiary's interest lapses unless an alternate is named, and successive alternate beneficiaries are allowed (section 14-1009(A)(2)); a trust or other person may be a designated beneficiary ("beneficiary" means a person; section 14-1001(B)-(C)); during the transferor's life the deed does not affect the transferor's or beneficiary's eligibility for public assistance (Medicaid) and the beneficiary takes subject to liens at death, including any Medicaid estate-recovery lien (sections 14-1007(4), 14-1009(B)(1)); revocation is by a recorded new TOD deed, recorded instrument of revocation, or recorded inter vivos deed before death, and the deed may NOT be revoked by a revocatory act on the deed or by will (section 14-1008); a statutory form TOD deed is provided at section 14-1011 and a statutory revocation form at section 14-1012, with a Transfer-on-Death Deed Notification of Death form at section 14-1013. The Act applies retroactively to TOD deeds made before, on, or after the effective date by a transferor who dies on or after October 1, 2026 (SECTION 3). This entry should flip to available:true (StateTodDeedRules shape) on or after October 1, 2026.
These mechanisms transfer real property at death without probate in Maryland:
Consult a licensed attorney for help choosing the right mechanism for your situation.
Maryland legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-05-31).
Maryland enacted the Maryland Transfer-on-Death Deed Act in the 2026 Regular Session (HB738, Chapter 751 / cross-filed SB651, Chapter 750, signed by the Governor on May 26, 2026), codified at Md. Code, Real Property Article, Title 14, Subtitle 10 (sections 14-1001 through 14-1014). The Act does not take effect until October 1, 2026, so transfer-on-death deeds for real property are not yet legally operative in Maryland; a deed recorded before the effective date is not yet effective under the Act.
Maryland recognizes 4 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship; Tenancy by the entirety (married couples); Life estate deed.
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Maryland.
Yes. Legislation authorizing transfer on death deeds has been proposed in Maryland, but is not currently enacted. Maryland's transfer-on-death deed statute is ENACTED but NOT YET EFFECTIVE (today is 2026-05-29; effective date October 1, 2026), so this entry stays available:false until the effective date. Earlier bills (HB1270 in 2022; HB986/SB146 in 2023) died in committee. In the 2026 Regular Session, HB738 (Chapter 751) and cross-filed SB651 (Chapter 750), both titled "Real Property - Transfer-on-Death Deed - Establishment," passed both chambers and were approved by the Governor on May 26, 2026, enacting the Maryland Transfer-on-Death Deed Act at Md. Code, Real Property Article, Title 14, Subtitle 10 (sections 14-1001 through 14-1014), with conforming amendments adding Estates & Trusts section 1-402 (nontestamentary effect) and Tax-Property recordation/transfer tax exemptions (sections 12-108(ii), 13-207, 13-414) for a transferor's primary or secondary residence. The Act is modeled on the Uniform Real Property Transfer on Death Act (URPTODA) and SECTION 2 directs courts to interpret it consistently with URPTODA. Once effective: only an individual may be a transferor (section 14-1001(F)); the deed is revocable even if it states otherwise (section 14-1004(B)) and capacity is the same as to make a will (section 14-1004(C)); it must be acknowledged before a notary and comply with RP section 4-101 deed formalities (section 14-1005(A)) with no witness requirement; it is effective only if recorded in the county land records before the transferor's death and is effective without notice, delivery, acceptance, or consideration (section 14-1006); the beneficiary takes subject to all conveyances, encumbrances, mortgages, and liens at the transferor's death and without covenant or warranty of title (section 14-1009(B)(1) and (C)); multiple beneficiaries take under the form of tenancy indicated in the deed, defaulting to joint tenants with rights of survivorship (section 14-1003(B)); a predeceasing beneficiary's interest lapses unless an alternate is named, and successive alternate beneficiaries are allowed (section 14-1009(A)(2)); a trust or other person may be a designated beneficiary ("beneficiary" means a person; section 14-1001(B)-(C)); during the transferor's life the deed does not affect the transferor's or beneficiary's eligibility for public assistance (Medicaid) and the beneficiary takes subject to liens at death, including any Medicaid estate-recovery lien (sections 14-1007(4), 14-1009(B)(1)); revocation is by a recorded new TOD deed, recorded instrument of revocation, or recorded inter vivos deed before death, and the deed may NOT be revoked by a revocatory act on the deed or by will (section 14-1008); a statutory form TOD deed is provided at section 14-1011 and a statutory revocation form at section 14-1012, with a Transfer-on-Death Deed Notification of Death form at section 14-1013. The Act applies retroactively to TOD deeds made before, on, or after the effective date by a transferor who dies on or after October 1, 2026 (SECTION 3). This entry should flip to available:true (StateTodDeedRules shape) on or after October 1, 2026.