Does Maryland Allow Transfer on Death Deeds?

Why TOD deeds aren't available in Maryland

Maryland enacted the Maryland Transfer-on-Death Deed Act in the 2026 Regular Session (HB738, Chapter 751 / cross-filed SB651, Chapter 750, approved 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 no Maryland statute authorizes a transfer-on-death deed of real property before that date and a transferor who dies before October 1, 2026 transfers nothing under it. The Act applies to a transfer-on-death deed made before, on, or after October 1, 2026 by a transferor who dies on or after that date, and both chambers describe that reach as covering deeds "executed prior to the effective date of the Act"; to be effective the deed must be recorded in the land records of the county where the property is located before the transferor's death.

Maryland's transfer-on-death deed statute is ENACTED but NOT YET EFFECTIVE (still not effective as of August 24, 2026; effective date October 1, 2026), so a transfer-on-death deed cannot yet be made in Maryland; the designation becomes available on October 1, 2026. 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). The same Act adds Estates and Trusts section 1-402 (a TOD deed is nontestamentary) under the retitled Subtitle 4 "Nontestamentary Transfers," amends the Maryland Uniform Disclaimer of Property Interests Act (Estates and Trusts sections 9-201, 9-209, 9-212) to cover disclaimers of nonprobate transfers at death, amends Real Property section 3-104 (clerk recording requirements), and exempts a transfer-on-death deed from recordation tax, state transfer tax, and county transfer tax where the property is the transferor's primary or secondary residence (Tax-Property sections 12-108(ii), 13-207(a)(27), 13-414). SECTION 2 of the Act directs courts to interpret and enforce it in accordance with existing Maryland law governing life estates with powers of alienation, to the extent practicable and so long as that does not conflict with the uniform application of the Uniform Real Property Transfer on Death Act. 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 comply with Real Property section 4-101 deed formalities, which require acknowledgment and provide that the absence of attestation does not affect validity, so a notary acknowledgment is required and witnesses are not (sections 14-1005(A), 4-101); it is effective only if recorded in the land records of the county where the property is located, in accordance with Real Property section 3-104, before the transferor's death, and is effective without notice, delivery, acceptance, or consideration (section 14-1006); recording is done at the Department of Land Records in the office of the Clerk of the Circuit Court, in each county or Baltimore City where any part of the property is located; the same Act amends Real Property section 3-104 so that recording a transfer-on-death deed or a revocation of one does not require the tax collector's certificate or the assessment office endorsement, while a complete intake sheet and a copy of the instrument for the State Department of Assessments and Taxation are still required, and ownership moves in the assessment records to the designated beneficiary only after the transferor's death; the beneficiary takes subject to all conveyances, encumbrances, mortgages, liens, and security agreements on the property 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 (sections 14-1003(B)(2), 14-1009(D)); a predeceasing beneficiary's interest lapses unless an alternate is named, and successive alternate beneficiaries are allowed (section 14-1009(A)(2)); a beneficiary is a "person," which Real Property section 1-101(k) defines to include a trustee, a fiduciary, and any other entity, so a trustee or entity may be named; the transfer is subject to the spousal elective share, the pretermitted child share, the slayer statute, lapse, simultaneous death, and Estates and Trusts section 4-105(b)(3) and (4), under which a later divorce or annulment, or a later marriage followed by a child, revokes the designation (section 14-1009(A)(1)); during the transferor's life the deed does not affect the transferor's or the designated beneficiary's eligibility for any form of public assistance and creates no interest in the beneficiary (section 14-1007(4) and (5)); revocation is effected only by recording in the land records of the county where the property is located, before the transferor's death, an executed and acknowledged later transfer-on-death deed, instrument of revocation, or inter vivos deed that expressly revokes the deed (recording is required for all three, and the inter vivos deed must additionally be delivered before the transferor's death), and after recording the deed may NOT be revoked by a revocatory act on the deed or by a testamentary document (section 14-1008); a beneficiary may disclaim under the Maryland Uniform Disclaimer of Property Interests Act (section 14-1010); the Act supplies optional model forms rather than a mandatory one - section 14-1011(C) provides a form that "may be used" to create a transfer-on-death deed, section 14-1011(D) an informational sheet that should not be recorded, section 14-1012(B) a revocation form, and section 14-1013(B) a Transfer-on-Death Deed Notification of Death form that a beneficiary may record after the transferor's death (recording that notice is not required to effect the transfer, and the clerk forwards it to the State Department of Assessments and Taxation). A transfer-on-death deed does not avoid Maryland inheritance tax. The Act applies to a transfer-on-death deed made before, on, or after the effective date by a transferor who dies on or after October 1, 2026 (SECTION 3).

Alternatives for Maryland

These mechanisms transfer real property at death without probate in Maryland:

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  Revocable living trust
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  Joint tenancy with right of survivorship
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  Tenancy by the entirety (married couples)
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  Life estate deed

Consult a licensed attorney for help choosing the right mechanism for your situation.