Transfer on death deed in Maryland

Maryland at a glance

TOD deed for real estate

Yes

Name in Maryland law

Transfer-on-death deed

Law

Md. Code, Real Prop. §§ 14-1001 to 14-1014 (Maryland Transfer-on-Death Deed Act); Est. & Trusts § 1-402 (2026 Md. Laws ch. 750 (SB 651) and ch. 751 (HB 738))

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

Land records of the clerk of the circuit court for the county (or Baltimore City) where the property is located

After-death document

Transfer-on-Death Deed Notification of Death (optional statutory form, Real Prop. § 14-1013)

Notice to heirs

Not required

Official form

Yes

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Making a valid TOD deed in Maryland

• What the law does. Since October 1, 2026, a Maryland owner can record a revocable deed that passes real property to named beneficiaries at death without probate.
• Signing. The owner signs a deed that meets the normal deed rules (Real Prop. § 4-101) and says the transfer happens at death. It must be acknowledged before a notary. The statutory form tells owners the notary cannot be a relative of any beneficiary or owner. No witnesses are required (an earlier draft required them, but it was amended out). The owner needs the same mental capacity as for making a will.
• Recording. The deed is effective only if it is recorded in the county land records before the owner dies. There is no deadline in days after signing. File a complete intake sheet with the deed: the clerk may refuse to record a TOD deed that is not accompanied by one. The usual tax-collector certificate and assessment endorsement are not required to record a TOD deed or a revocation. The assessment records move ownership to the beneficiary only after the owner's death. A TOD deed for the owner's primary or secondary residence is exempt from recordation tax and state and county transfer tax.
• Payment, delivery, acceptance. No payment is needed. The beneficiary does not have to be told, receive the deed, or accept it during the owner's life.
• Form. Statutory forms in Real Prop. § 14-1011 (TOD deed plus a 'common questions' sheet), § 14-1012 (revocation), and § 14-1013 (notification of death). The People's Law Library links to the Maryland Volunteer Lawyers Service's Transfer-on-Death Deed User Guide, which has fillable forms.

Changing it, and who you can name

• Revoking or changing. Before death, the owner can revoke all or part of the deed by recording, in the county land records, a later TOD deed, a revocation form, or a regular (inter vivos) deed that revokes it. Once recorded, the deed cannot be revoked by a will or by tearing it up. When joint owners sign one TOD deed, all living joint owners must revoke it. Divorce or annulment automatically revokes a gift to the former spouse. Marrying and then having a child with that spouse also revokes the deed.
• Beneficiaries. Any person can be named, and successive alternates are allowed. A beneficiary must survive the owner, or that share lapses (subject to Maryland's lapse statute, Est. & Trusts § 4-403). If the deed names several beneficiaries and does not say otherwise, they take as joint tenants with right of survivorship. If the owner is a joint owner who dies first, the property goes to the surviving joint owner.

After the owner dies

• Document. Transfer-on-Death Deed Notification of Death (optional statutory form, Real Prop. § 14-1013)
• Where. Land records of the clerk of the circuit court for the county where the property is located
• Steps. The transfer happens automatically at death. A beneficiary may record the notification of death form, signed under penalty of perjury and notarized. It lists the TOD deed's book and page, the SDAT tax ID, the date of death, the death certificate's state and file number, the beneficiaries, the address for tax bills, and an occupancy certification. Recording it is not required for the transfer. The clerk forwards it to the State Department of Assessments and Taxation (SDAT). A beneficiary who does not want the property can disclaim it under the Maryland Uniform Disclaimer of Property Interests Act.

Debts, Medicaid and the spouse

• Creditors and Medicaid. The beneficiary takes the property subject to all mortgages, liens, and other encumbrances that exist at death. The Act has no section making the beneficiary liable for the owner's other debts or for Medicaid estate recovery. The official sources we reviewed do not say whether Medicaid can recover from TOD property. Maryland's People's Law Library says only that a TOD deed and a life estate deed with powers may affect Medicaid differently.
• Surviving spouse. The transfer is subject to the surviving spouse's elective share (Est. & Trusts Title 3, Subtitle 4) and to the statutory share of a pretermitted child.

Good to know in Maryland

• The law took effect October 1, 2026. It applies to TOD deeds made before, on, or after that date when the owner dies on or after it (ch. 751, §§ 3-4).
• The Act is read consistently with Maryland law on life estates with powers of alienation (ch. 751, § 2). Maryland still recognizes 'life estate with powers' deeds as an alternative (People's Law Library).
• The codified text of Real Prop. §§ 14-1001 to 14-1014 was not yet posted on the legislature's statute viewer on 2026-10-28, so this record uses the enrolled chapter law (ch. 751), with struck-through amendment text removed.
• The statutory 'common questions' sheet warns that the beneficiary may owe inheritance tax.

Official pages

• Maryland TOD deed form
• Maryland statute
• Maryland self-help page
• No TOD deed or other plan? How Maryland handles a small estate without probate →

Sources

• 2026 Md. Laws ch. 751 (HB 738) - Real Property - Transfer-on-Death Deed - Establishment (enrolled) (read October 28, 2026)
• HB 738 (2026RS) bill page - approved by the Governor, ch. 751, effective Oct. 1, 2026 (read October 28, 2026)
• SB 651 (2026RS) bill page - ch. 750 (read October 28, 2026)
• Maryland People's Law Library - Transfer-on-Death and Life Estate Deeds (updated 2026-10-01) (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.