Maryland New Transfer On Death Deed: What Homeowners Need To Know
As of yesterday October 1, 2026 , Maryland has a new way of transferring your real estate after death. The Transfer on Death Deed. If you own a home, this new law is for you.
WHAT IS A TRANSFER ON DEATH DEED?
A Transfer on Death Deed a.ka. A TOD deed, allows homeowners to name one or more beneficiaries to receive their home once they die. The transfer can not happen while you are alive. You continue to own and control your home while you are alive. Your beneficiaries have no control over sale or transfer of your property. The beneficiary does not receive any legal or equitable interest simply because you list them as beneficiary.
HOW TO MAKE IT HAPPEN.
The new Maryland Law states the process as:
Complete the transfer on death deed. Maryland has a form that is used for this particular circumstance .
Have the deed properly acknowledged. The form must be notarized, and the statutory form includes specific requirements concerning witnesses and notarization.
Record the deed before your death. This is critical. The deed must be recorded in land record of the county, or Baltimore City, whichever you live. If by chance your home crosses a county or city line, you will need to record in each applicable county.
The transfer takes place at your death. If the deed is properly executed and recorded, the home will transfer at your death. Maryland statutory information sheet states that probate is not required for the transfer.
CAN I CHANGE MY MIND?
YUP!
The transfer on death deed is revocable during the owners lifetime. However, once it has been recorded, changing your will or writing on the deed will not revoke it. Maryland provides specific methods of revocation including, recording a revocation, recording a new TOD deed that disposes of the same property or transferring the property during your lifetime through a deed that expressly revokes the transfer on death deed.
DOES IT ELIMINATE TAXES?
Mmm, not neccesarily.
The Maryland General Assembly's statutory information sheet specifically states that a TOD deed does not avoid inheritance taxes and that a beneficiary may owe inheritance tax as a result of the transfer.
That's one reason this shouldn't be treated as a DIY real estate form.
IS THIS FOR EVERY HOMEOWNER?
No. Maryland’s own form states that you should use caution as it may not be appropriate for every situation particularly, when there are multiple owners, a change in the owner’s legal name, multiple intended beneficiaries or other complexities. The state recommends consulting an attorney for this process and I second that.
THE BOTTOM LINE.
The Maryland transfer on death deed is a new tool to help homeowners disperse of their property to their wishes upon their death. It is a valuable option, but who owns it, who should receive it, taxes, mortgage and overall estate plans can all matter in this decision.
If you are a Maryland homeowner wondering what this new law can mean for your property, consult an estate planning attorney. What you do not want to do is somehow add someone to your deed (which gives significant power to someone) when you were simply trying to add a beneficiaries. Now yall know that I am a Maryland Realtor, NOT an attorney, so this blog is for general education purposes and is not legal or tax advice. Need a reccomedation for a good estate attorney, give me a call. 443.468.0757