Transfer-on-Death Deed Requirements in Maryland

At a glance

Maryland has allowed transfer-on-death deeds since October 1, 2026. The Maryland Transfer-on-Death Deed Act (2026 HB 738, Ch. 751) added Real Property §§ 14-1001 to 14-1014. An owner may name a beneficiary to receive real property at death without a probate transfer, while retaining control during life.

The Act also applies to a deed made before October 1, 2026 if the owner dies on or after that date. A deed made earlier did not operate for an owner who died before the effective date (2026 Md. Laws ch. 751, Sections 3-4).

Requirements one by one

Signing and notarizing it

The owner (the "transferor") signs the deed and acknowledges it before a notary, and the deed must state that "the transfer to the designated beneficiary is to occur at the transferor's death" (§ 14-1005). Execution otherwise follows Maryland's general deed statute (§ 4-101), under which a deed is sufficient if it names the grantor and grantee, describes the property, states the interest granted, and is "executed, acknowledged, and, where required, recorded." Witnesses are not required for validity — § 4-101(b) says "the absence of a seal or attestation does not affect the validity of the deed." The Act's optional statutory form does include witness lines and provides that any witnesses and the notary "cannot be relatives or beneficiaries" of an owner or a named beneficiary, so if you use that form, use disinterested witnesses. One Maryland-specific point: the capacity to make or revoke a TOD deed "is the same as the capacity required to make a will" (§ 14-1004(C)) — a higher standard than the ordinary contractual capacity some states use. The beneficiary does not sign and need not be told about the deed (§ 14-1006(B)).

Recording before death — the make-or-break step

A TOD deed "is effective if, prior to the death of the transferor, it is recorded in the land records of the county where the property is located" (§ 14-1006(A)). There is no deadline measured from signing, but a deed that is never recorded, or recorded only after death, has no effect. If the property lies in more than one county (or Baltimore City), record it in each.

Naming beneficiaries and what happens if one dies first

The beneficiary must survive you. If a named beneficiary dies before you, that interest "lapses"; if you named an alternate, the property goes to a surviving alternate (§ 14-1009(A)). If you name two or more beneficiaries to take at the same time, they take as joint tenants with right of survivorship — and that is also the default when the deed names several beneficiaries without stating a tenancy (§ 14-1003(B), § 14-1009(D)). This joint-tenancy default is different from the tenants-in-common default some states use, so name the tenancy you actually want.

Revoking it

You can revoke the deed any time before death, "even if the deed or another instrument contains a contrary provision" (§ 14-1004(B)). Each method is an executed, acknowledged instrument recorded before you die: a later TOD deed that revokes the earlier one, a separate revocation instrument, or an inter vivos deed conveying the property away (§ 14-1008(A)). For property held by joint owners, a revocation works only if all living joint owners join in it (§ 14-1008(C)).

Co-owners and survivorship

If you hold the property jointly with a right of survivorship — as joint tenants, tenants by the entirety, or survivorship community property — and a co-owner survives you, survivorship comes first: the property "belongs to the surviving joint owner or owners with right of survivorship," and your TOD deed reaches the property only if you are the last owner to die (§ 14-1009(E)).

Creditors, your estate, and Medicaid

During your life the deed creates no interest in the beneficiary, does not change your or the beneficiary's eligibility for public assistance, and does not put the property beyond your own creditors — you keep full power to sell, mortgage, or encumber it (§ 14-1007). After death the beneficiary takes the property "without covenant or warranty" and subject to all mortgages, liens, and encumbrances of record at your death (§ 14-1009(B), (C)), and the transfer remains subject to a surviving spouse's elective share and a pretermitted child's statutory share (§ 14-1009(A)). These cited deed provisions do not settle whether Maryland's Medicaid estate-recovery program reaches a particular TOD-deed asset.

What trips people up

• An earlier deed depends on the death date. A deed made before October 1, 2026 is covered if the owner died on or after that date; the Act does not apply if the owner died earlier (2026 Md. Laws ch. 751, Sections 3–4).
• Your will cannot revoke or override a recorded TOD deed. Section 14-1008(B) bars revocation by "a testamentary document executed by the transferor, even if the testamentary document is executed after the date of recordation of the transfer-on-death deed." To change the beneficiary, record a new TOD deed or a revocation.
• Survivorship beats a TOD deed. If you own with right of survivorship, the surviving co-owner takes first (§ 14-1009(E)); your TOD deed only reaches property you still hold as the last surviving owner.
• Capacity is the will standard, not the ordinary deed standard. Because § 14-1004(C) ties capacity to will-making capacity, a TOD deed signed when the owner lacked testamentary capacity can be challenged the way a will can.

Common questions

Can I sign a Maryland TOD deed now? Yes. The Act has been in force since October 1, 2026. Sign and acknowledge the deed and record it before death (§§ 14-1005 to 14-1006).

Do I need witnesses? Not for the deed to be valid — Maryland deed law says the absence of attestation does not affect validity (§ 4-101(b)). You do need a notary. The Act's sample form provides witness lines, and if you use them the witnesses cannot be relatives or beneficiaries.

Does my beneficiary get any rights while I'm alive? No. The deed creates no interest in the beneficiary during your life, and you keep full control — you can sell, mortgage, or revoke (§ 14-1007, § 14-1004(B)).

Does a deed signed before October 1, 2026 count? Yes, if it otherwise satisfies the Act and the transferor died on or after that date (2026 Md. Laws ch. 751, Sections 3-4).

Statutes and sources

• Md. Real Property § 14-1003 (owner may transfer at death; multiple beneficiaries; joint-tenancy default) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• Md. Real Property § 14-1004 (nontestamentary; revocable; capacity = will capacity) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• Md. Real Property § 14-1005 (must comply with § 4-101 and state transfer occurs at death) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• Md. Real Property § 4-101 (deed sufficiency: executed, acknowledged; absence of attestation does not affect validity) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=4-101&enactments=false (accessed 2026-10-02)
• Md. Real Property § 14-1006 (effective only if recorded before death; effective without notice or consideration) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• Md. Real Property § 14-1007 (no effect during life on owner, creditors, public-assistance eligibility, or beneficiary) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• Md. Real Property § 14-1008 (revocation by recorded instrument before death; not revocable by will; joint-owner rule) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• Md. Real Property § 14-1009 (survival and lapse; subject to liens; without warranty; concurrent joint tenancy; joint-owner survivorship; elective-share limits) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)
• 2026 Md. Laws ch. 751 (HB 738), Sections 3 and 4 (retroactive application; effective October 1, 2026) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-10-02)