Transfer on Death Deed Laws in Maryland
Maryland allows transfer on death deeds starting October 1, 2026, under the new Maryland Transfer-on-Death Deed Act, and the deed must be recorded in the county land records before the owner dies.
Last checked . General information, not legal advice.
Maryland at a glance
- TOD deed allowed
- Yes (from October 1, 2026)
- Created by 2026 House Bill 738 (Chapter 751), effective October 1, 2026, for owners who die on or after that date.
- Recording rule
- Before the owner's death
- Must be recorded in the land records of the county where the property is located.
The rules in Maryland
Does Maryland allow transfer on death deeds for real estate?
Yes (from October 1, 2026). TOD deed allowed in Maryland: yes (from october 1, 2026). Created by 2026 House Bill 738 (Chapter 751), effective October 1, 2026, for owners who die on or after that date.
When must a transfer on death deed be recorded in Maryland?
Recording rule in Maryland: Before the owner's death. Must be recorded in the land records of the county where the property is located.
Where do the Maryland transfer on death deed laws come from?
The rules above come from Md. Code, Real Prop. 14-1001 to 14-1014 and 2026 Md. Laws ch. 751 (HB 738). Each source is linked on this page. We last checked them in October 2026.
Good to know
The act applies to a transfer on death deed made before, on, or after October 1, 2026, by an owner who dies on or after that date.
The act directs courts to interpret it consistently with the uniform application of the Uniform Real Property Transfer on Death Act, to the extent practicable.
What this means in practice
Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.
A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.
Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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