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.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

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, 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.

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.

TOD Deeds in Maryland

Maryland does not currently allow transfer on death deeds (No). 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. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Maryland is a revocable trust. Probate for simple estates takes at least 6 months, and estates under $50,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Maryland families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Md. Est. & Trusts § 5-601

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

Is this your situation?

Get a complete guide for your specific circumstances.

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more