For most Washington 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.
For a Washington 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 Washington 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.
Without a recorded beneficiary designation or a trust, Washington County property passes through the Register of Wills — even simple Maryland probates run 6+ months. Maryland also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer-on-death deed names a beneficiary who receives Washington 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.
Deeds and other real property documents for Washington County are 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.
The Clerk of the Circuit Court charges $60 for 1-9 pages, $115 for 10+ pages. Recording a 2-page transfer-on-death deed in Washington County comes to $60. 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.
Washington County accepts electronic recording through Simplifile.
Recording Office Record
Washington County
Phone
Hours
Office
Website
E-recording
Fees
Recording fees
| 1-9 pages | $60 |
| 10+ pages | $115 |
| Transfer tax on a TOD deed | TOD 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
FirmHagerstown, MD
Serves clients throughout Western Maryland from Hagerstown. Assists personal representatives with probate filings, collecting and liquidating estate assets, paying estate debts, defending claims against the estate, distribution, and carrying out trusts created by the decedent, and handles will disputes.
PracticesEstate PlanningProbateProbate LitigationWills Trusts
FirmHagerstown, MD
Serves Washington and Frederick counties from downtown Hagerstown. Assists with estate administration and estate settlement, and drafts wills and trusts. Initial consultations are held by telephone for a $100 fee, credited toward the retainer if the firm is hired.
PracticesEstate PlanningProbateWills Trusts
FirmLutherville, MD
Serves Baltimore, Harford and Washington counties from offices in Lutherville, Bel Air and Hagerstown. Handles trust and estate administration and the probate of wills from opening the estate through the final accounting, fiduciary oversight for personal representatives and trustees, and disputes over the financial management of estate or trust assets. Also handles guardianship petitions, Medicaid applications and special needs trusts.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more
Solo PracticeTowson, MD
Serves Baltimore and Washington counties from offices in Towson and Hagerstown. Jeff Rogyom handles probate administration alongside wills, trusts, special needs planning, life estate deeds and business succession planning, and bills most matters at a flat fee. Holds an LLM in Tax from Boston University School of Law.
PracticesEstate PlanningProbateTax PlanningSpecial Needs PlanningWills Trusts
FirmMillersville, MD
Serves Anne Arundel County from Millersville and takes trust administration matters statewide. Helps families administer a loved one's estate through probate and assists trustees with trust administration, alongside adult guardianship and Medicaid crisis planning. Limits its practice to estate planning and elder law; partner Greg Jimeno wrote "How To Protect Your Home And Life Savings In Maryland."
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
FirmChestertown, MD
Serves Kent County and the surrounding Eastern Shore from Chestertown and Anne Arundel County from Pasadena. Handles probate administration, including support when a dispute arises, for estates that often include farms and family businesses, and drafts wills, trusts, powers of attorney and advance medical directives. Spanish is spoken at the office.
PracticesEstate PlanningProbateWills Trusts
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.
Data sourced from Maryland statutes and official state code. How we research.
Free forms for planning your estate in Maryland: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
In Maryland, a codicil is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, like a will.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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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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.
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.
Estate planning articles for Maryland.
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