Maryland: Transfer-on-Death Deed Requirements
The short answer
Not under current law — but very soon. Maryland has never allowed a transfer-on-death deed, but it enacted one (the Maryland Transfer-on-Death Deed Act, Real Property §§ 14-1001 to 14-1014) that takes effect OCTOBER 1, 2026. From that date you can leave real estate to a named beneficiary outside probate by signing a deed, acknowledging it before a notary, and recording it in the county land records before you die. A deed signed and recorded before October 1, 2026 has effect only if you die on or after that date; before then, Marylanders use a life estate deed, joint ownership, or a living trust.
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This is the general rule in Maryland. Ezel applies current Maryland law to your specific facts and answers with citations to the statutes.
| Governing law | Maryland Transfer-on-Death Deed Act, Md. Code, Real Property §§ 14-1001 to 14-1014 — Maryland's enactment of the Uniform Real Property Transfer on Death Act (URPTODA). ENACTED by 2026 HB 738 (Ch. 751), approved by the Governor May 26, 2026, EFFECTIVE OCTOBER 1, 2026 (not yet in force as of this page's date). Execution follows the general deed statute, § 4-101 |
|---|---|
| TOD deed available? | Becoming available OCTOBER 1, 2026 — not before. Maryland historically had NO TOD/beneficiary deed, but 2026 HB 738 (Ch. 751) enacts one. A TOD deed has legal effect only for a transferor who dies on or after October 1, 2026; a deed signed and recorded earlier is honored if the owner dies on or after that date, but does nothing if the owner dies before it (2026 Md. Laws ch. 751, Sections 3–4). Until October 1, 2026 the alternatives are a life estate deed, joint tenancy or tenancy by the entirety, or a living trust |
| How to sign it | (Effective Oct. 1, 2026.) The transferor (owner) signs the deed and acknowledges it before a notary, and the deed must state that the transfer is to occur at the transferor's death (§ 14-1005; general deed rules, § 4-101). Witnesses are NOT required for validity — Maryland's deed statute provides that the absence of attestation does not affect a deed's validity (§ 4-101(b)); the Act's optional statutory form includes witness lines and provides that any witnesses and the notary may not be relatives or beneficiaries of an owner or a named beneficiary. Capacity to make or revoke is the same as the capacity to make a WILL (§ 14-1004(C)). The beneficiary does not sign and need not be notified (§ 14-1006(B)) |
| Recording requirement | (Effective Oct. 1, 2026.) Effective only if recorded in the land records of the county where the property is located, in accordance with § 3-104, BEFORE the transferor's death (§ 14-1006(A)). No fixed signing-to-recording deadline, but an unrecorded deed — or one recorded only after death — has no effect. If the property lies in more than one county (or Baltimore City), record in each |
| Revoking it | (Effective Oct. 1, 2026.) Revocable any time before death, even if the deed says otherwise (§ 14-1004(B)). Methods, each an executed and acknowledged instrument recorded before death: a later TOD deed that revokes the prior one, a recorded instrument of revocation, or an inter vivos deed delivered before death (§ 14-1008(A)). A recorded TOD deed CANNOT be revoked by a will or other testamentary document — even one executed later — or by a revocatory act on the deed itself (§ 14-1008(B)). For jointly owned property, revocation is effective only if made by all living joint owners (§ 14-1008(C)) |
| Eligible property & owner | (Effective Oct. 1, 2026.) Any interest in Maryland real property that is transferable at the owner's death (§ 14-1001(E)); the transferor is an individual owner (§ 14-1001(F)). Multiple beneficiaries take under whatever tenancy the deed names; if none is stated they take as JOINT TENANTS with right of survivorship (§ 14-1003(B)) — Maryland's default, unlike the tenants-in-common default in some states. If the transferor is one of several joint owners (joint tenants, tenants by the entirety, or survivorship community property) and is survived by another joint owner, that survivor's right of survivorship prevails and the TOD deed does not operate until the last surviving owner dies (§ 14-1009(E)) |
| Beneficiary survival & effect | (Effective Oct. 1, 2026.) The beneficiary must survive the transferor; a non-surviving beneficiary's interest LAPSES, and if the deed named an alternate, the interest passes to a surviving alternate (§ 14-1009(A)). Two or more concurrent beneficiaries take as joint tenants with right of survivorship (§ 14-1009(D)). The beneficiary takes the property WITHOUT covenant or warranty and subject to all mortgages, liens, and encumbrances of record at death (§ 14-1009(B), (C)). The transfer is also subject to a surviving spouse's elective share and a pretermitted child's or issue's statutory share, the slayer rule, and revocation-by-divorce rules (§ 14-1009(A)) |
| Creditor & Medicaid reach | (Effective Oct. 1, 2026.) During the owner's life the deed creates NO interest in the beneficiary, does not affect the owner's or beneficiary's eligibility for public assistance, leaves the owner's creditors' rights fully intact (the property stays reachable by the owner's creditors), and does not subject the property to the beneficiary's creditors — the owner keeps full power to sell, mortgage, or encumber (§ 14-1007). After death the beneficiary takes subject to all liens and encumbrances of record (§ 14-1009(B)) and to a surviving spouse's elective share (§ 14-1009(A)). Maryland's Medicaid (Medical Assistance) estate-recovery program reaches a decedent's assets; whether it reaches a TOD-deed asset is a technical question the deed does not itself resolve — confirm with elder-law counsel |
Compare this rule across all 50 states + DC →
Maryland is about to allow transfer-on-death deeds for the first time. Under current law you
cannot use one — a TOD deed recorded today has no effect — but the Maryland General Assembly
enacted the Maryland Transfer-on-Death Deed Act (2026 HB 738, Ch. 751), which adds a new
subtitle to the Real Property Article, §§ 14-1001 to 14-1014, and takes effect October 1,
2026. It is Maryland's version of the Uniform Real Property Transfer on Death Act used in most
states.
The effective date carries a specific rule you have to plan around: the Act "shall apply to a
transfer–on–death deed that was made before, on, or after the effective date ... by a transferor
who dies on or after the effective date" (2026 Md. Laws ch. 751, Sections 3–4). In plain terms,
you may sign and record a TOD deed before October 1, 2026, but it does nothing unless you die on or
after that date. Until the Act is in force, Marylanders pass a home outside probate with a life
estate deed, joint tenancy or tenancy by the entirety, or a living trust.
Everything below describes the new law and is effective October 1, 2026.
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)). A TOD deed does not shield the home from Maryland's Medicaid (Medical
Assistance) estate-recovery program; whether recovery reaches a specific TOD-deed asset is a
technical question — ask an elder-law attorney.
What trips people up
- The deed does nothing until October 1, 2026 — and only if you die on or after that date.
You can sign and record now, but if the owner dies before October 1, 2026, the deed is
ineffective and the property passes by will or intestacy (2026 Md. Laws ch. 751, Sections 3–4). - Your will cannot revoke or override a recorded TOD deed. Once recorded, the deed "may not be
revoked by ... a testamentary document executed by the transferor, even if ... executed after"
the deed (§ 14-1008(B)). 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 right now? You can prepare and record one, but it has no legal
effect unless you die on or after October 1, 2026 (2026 Md. Laws ch. 751, Sections 3–4). Before that
date Maryland does not recognize TOD deeds at all.
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)).
What should I use before October 1, 2026? A life estate deed, joint tenancy or tenancy by the
entirety, or a revocable living trust are the existing ways to pass a Maryland home outside probate.
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 2026-07-11)
- Md. Real Property § 14-1004 (nontestamentary; revocable; capacity = will capacity) — https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf (accessed 2026-07-11)
- 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 2026-07-11)
- 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§ion=4-101&enactments=false (accessed 2026-07-11)
- 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 2026-07-11)
- 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 2026-07-11)
- 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 2026-07-11)
- 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 2026-07-11)
- 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 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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