Estate Planning for Montgomery County, Maryland Property Owners

For most Montgomery County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Montgomery County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Register of Wills. The two tools that keep a Montgomery County home out of probate are a transfer-on-death deed recorded with the Clerk of the Circuit Court, and a revocable living trust that holds title to the property.

Skipping this planning step means the Register of Wills decides who receives the property: a simple Maryland probate takes 6+ months. Maryland also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Montgomery County

A transfer-on-death deed names a beneficiary who receives Montgomery County property automatically at the owner's death, without probate. It is recorded with the Clerk of the Circuit Court during the owner's lifetime and can be revoked at any time.

Before recording, a Maryland transfer-on-death deed is signed with notary acknowledgmentMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source.

Create a Maryland TOD deed →Montgomery County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Montgomery County are recorded with the Clerk of the Circuit Court at 50 Maryland Avenue, Rockville, MD 20850. Phone: 1-240-777-9470. Hours: Monday-Friday 8:30 AM-4:30 PM.

The Clerk of the Circuit Court charges $60 for 1-9 pages, $115 for 10+ pages. A 2-page transfer-on-death deed costs $60 to record in Montgomery County. The office also requires a Maryland Land Instrument Intake Sheet with the deed, at no charge. A transfer-on-death deed is exempt from transfer tax if the property is a primary or secondary residence of the transferor.

Montgomery County accepts electronic recording through Simplifile.

Recording Office Record

Clerk of the Circuit Court

Montgomery County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

50 Maryland Avenue, Rockville, MD 20850

Open in Google Maps

Fees

Recording fees

1-9 pages$60
10+ pages$115
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax if the property is a primary or secondary residence of the transferor

Md. Code, Real Property § 3-601(a)(2) (recording fee); Md. Code, Cts. & Jud. Proc. § 13-604(a)(2) ($40 surcharge)

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Montgomery County

FirmRockville, MD

Altman & Associates

Since 1996 · Serves 2 counties

Serves Montgomery and Howard counties from Rockville, with meeting locations in Columbia, Washington, D.C., Tysons Corner and Vienna. Handles estate and trust administration and probate and trust litigation, including will contests and breach of fiduciary duty. Practice is limited to estate law; a one-hour initial consultation is $500, applied to the engagement if retained.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
11300 Rockville Pike, Suite 708Rockville, MD 20852
Virtual consultations

FirmLaurel, MD

Downs Law Firm, P.C.

Serves 4 counties

Serves Prince George's, Howard, Montgomery and Anne Arundel counties from Main Street in Laurel. Handles Maryland probate and estate administration and helps successor trustees administer trusts, whether or not the firm drafted the trust, and assists trustees and beneficiaries in the probate court process. Tom Downs has limited his practice to estate planning, probate, trust administration and guardianship since 1995.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 4 more

Office
322 Main Street, Suite 102Laurel, MD 20707
Virtual consultations

FirmRockville, MD

Law Office of Daniel S. Willard, P.C.

Serves 4 counties

Serves Montgomery, Prince George's, Frederick and Howard counties from Rockville. Dan Willard assists personal representatives, beneficiaries and others with probate administration and related probate litigation, including filing the will with the Register of Wills and obtaining letters. A husband-and-wife practice with over 25 years in Montgomery County that also handles construction and business litigation.

PracticesEstate PlanningProbateProbate LitigationAsset Protectionand 2 more

Office
7100 Copperwood CourtRockville, MD 20855
Free consultation

Solo PracticeRockville, MD

Law Office of Henry Nash

Serves 1 county

Serves Montgomery County from Rockville. Handles probate and estate administration, wills and trusts, guardianship of disabled adults, and Medicaid planning for long-term care. Henry Nash is on the Montgomery County Circuit Court's roster of court-approved lawyers who handle guardianship cases.

PracticesEstate PlanningProbateElder LawGuardianshipMedicaid Planning

Office
27 West Jefferson StreetRockville, MD 20850

FirmFrederick, MD

Law Office of Lena A. Clark, LLC

Since 2015 · Serves 2 counties

Serves the Frederick County area from downtown Frederick, across the street from the Frederick County Courthouse. Handles probate, estate and trust administration, court inventories and accountings, and estate, gift and inheritance tax matters. Consultations carry a fee ($400 for probate), applied to the service if the firm is retained within 48 hours; meetings can be held in person or by phone or Zoom.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
129 W Patrick Street, Suite 11Frederick, MD 21701
Virtual consultations

Solo PracticeFrederick, MD

Martin W. Snyder, LLC

Serves 2 counties

Serves Frederick and Montgomery counties from offices in Frederick and Rockville. Represents personal representatives in Maryland probate proceedings, including out-of-state representatives probating a Maryland estate, represents heirs and beneficiaries over mismanagement of an estate, and counsels trustees administering and terminating trusts. The practice is limited to estate planning, probate and trust administration.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more

Office
129 W. Patrick Street, Suite 3Frederick, MD 21701
See all 19 firms serving Montgomery County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Maryland statutes and official state code. How we research.

Forms for Planning Your Estate in Maryland

Free forms for planning your estate in Maryland: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Last Will and Testament

In Maryland, a will is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, and it is self-proved when properly executedMd. Est. & Trusts § 4-102Verified Oct 18, 2026View source.

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Free

Codicil to a Will

In Maryland, a codicil is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, like a will.

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Free

Healthcare Power of Attorney

Maryland requires 2Md. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMd. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source.

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Free

HIPAA Release

In Maryland, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationMd. Code, Health-Gen. § 18-336(b), (d), (f)Verified Jun 19, 2026View source expressly before a provider releases it.

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Free

Financial Power of Attorney

Maryland treats a power of attorney as durable by defaultMd. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source, and it is signed before 2Md. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source witnesses and a notary.

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Free

Transfer on Death Deed

In Maryland, a transfer-on-death deed is signed before a notaryMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source.

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Free

Lady Bird Deed

In Maryland, a Lady Bird deed is recognized by statuteMd. Code, Real Prop. § 4-108(a)Verified Oct 23, 2026View source: the owner keeps a life estate and the power to sell or convey the property without the granteeGrimes v. Gouldmann, 232 Md. App. 230 (2017), slip op. 1-2, 12Verified Oct 23, 2026View source.

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Free

Vehicle Transfer on Death

Maryland allows a transfer-on-death beneficiary designation on a vehicle titleMd. Code, Transp. 13-115Verified Oct 21, 2026View source, filed through the Maryland Department of Transportation Motor Vehicle Administration (MVA).

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Tools for Planning Your Estate in Maryland

Free tools for planning your estate in Maryland: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Do I Sign Estate Documents?

In Maryland, a will is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, and notarization is not requiredMd. Est. & Trusts § 4-102Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Maryland recognizes a will signed under the law of the place where it was signedMd. Est. & Trusts § 4-104Verified Oct 18, 2026View source; a will signed in Maryland itself needs 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, and notarization is not requiredMd. Est. & Trusts § 4-102Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Maryland, a will-based plan pays probate attorney fees of typically 2.1%Modeled estimate under Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Maryland runs $4,250Estimate: 10 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Maryland runs $1,110Estimate: 3 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,220Estimate: 6 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Maryland, a parent names a guardian for a minor child in a willMd. Code, Est. & Trusts §§ 13–701, 13–702, 13–201, 13–207Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Md. Code, Gen. Provisions § 1–401Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Maryland takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%Modeled estimate under Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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Maryland Estate Planning Articles

Estate planning articles for Maryland.