Do I Need a Transfer on Death Deed in Maryland?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
No. Maryland does not currently allow transfer on death deeds. 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.
Because Maryland does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Joint tenancy with right of survivorship, Tenancy by the entirety (married couples), Life estate deed. Compare your options with the trust vs. will comparison.
Without a TOD deed option, real property in Maryland typically passes through probate unless held in a trust or with joint tenancy. Use the Maryland probate calculator to estimate what that would cost.
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