At a glance
| TOD / beneficiary deed | Effective October 1, 2026 |
|---|---|
| Instrument | Transfer-on-death deed |
| Governing law | Md. Code, Real Prop. §§ 14-1001 to 14-1014 (eff. Oct. 1, 2026) 2026 Md. Laws ch. 750 (SB 651) / ch. 751 (HB 738) — Real Property – Transfer-on-Death Deed – Establishment · enacted 2026 (signed May 26, 2026, ch. 750/751); effective October 1, 2026 |
| Recording | Must be signed, notarized, and recorded before the owner's death |
| Revocation | Recorded revocation or a later recorded TOD deed (once the act is in effect) |
| Community-property state | No |
How the deed works
Maryland did NOT authorize TOD (beneficiary) deeds for real property until the 2026 legislative session. The Maryland General Assembly passed cross-filed bills SB 651 (ch. 750) and HB 738 (ch. 751), signed by the Governor on May 26, 2026, creating a transfer-on-death deed codified in the Real Property Article (Title 14, Subtitle 10, §§ 14-1001 to 14-1014). The act is effective October 1, 2026.
As enacted, a Maryland TOD deed must be signed by the owner, notarized (acknowledged), and recorded among the land records before the owner's death; it names one or more beneficiaries who take at death without probate, and it does not affect the owner's rights during life. The act includes statutory forms for creating and revoking the deed and exempts qualifying primary/secondary residences from recordation and county transfer taxes.
Timing caveat: as of this dataset's as-of date the act is enacted law but not yet in force. A retroactive provision makes a TOD deed executed before the effective date operative only if the transferor dies on or after October 1, 2026. Anyone acting before that date should work with an attorney licensed in Maryland and verify the codified sections.
Recording & execution requirements
A transfer-on-death deed only works if it is executed and recorded correctly. In Maryland:
- Recording before death: Must be signed, notarized, and recorded before the owner's death.
- Governing statute: Md. Code, Real Prop. §§ 14-1001 to 14-1014 (eff. Oct. 1, 2026) 2026 Md. Laws ch. 750 (SB 651) / ch. 751 (HB 738) — Real Property – Transfer-on-Death Deed – Establishment · enacted 2026 (signed May 26, 2026, ch. 750/751); effective October 1, 2026.
Changing or revoking the deed
Under the new act a Maryland TOD deed will be revocable at any time during the owner's life, regardless of any contrary statement in the deed, and revocation must be accomplished by recording an instrument before death rather than by will.
Because the statute takes effect October 1, 2026, the mechanics should be confirmed against the codified sections and any implementing forms once they are in the Real Property Article. Until then, an attorney licensed in Maryland can advise on timing.
Mortgages, Medicaid & community property
Existing mortgages and liens
When the act is in force, a Maryland TOD deed will pass the property subject to existing mortgages, liens, judgments, and tax obligations — the beneficiary takes what the owner held at death, and recording a TOD deed does not extinguish secured debt on the property.
Medicaid estate recovery
Maryland Medicaid estate recovery may reach property that passes outside probate, and the interaction of the new TOD deed with recovery rules will be worked out as the statute takes effect. This is a flag: confirm current recovery exposure with the Maryland Department of Health / Maryland Medicaid and an attorney licensed in Maryland before assuming a TOD deed shields the property.
Community property
Maryland is a common-law (separate-property) state. Maryland is a common-law (non-community-property) state, so no community-property survivorship interest interacts with a TOD deed. Spouses often hold real property as tenants by the entirety, which already passes to the survivor outside probate independent of any TOD deed.
State-specific quirks
Brand-new law with a future effective date
Maryland only enacted its TOD deed in 2026 (ch. 750/751), effective October 1, 2026. Before that date the instrument is not yet operative, and a deed executed early is effective only if the owner dies on or after the effective date. Do not assume prior online guidance describing Maryland as a 'no-TOD-deed' state is still the whole picture.
Confirm the codified sections
Because the statute is newly chaptered, the exact Real Property Article section numbers and statutory forms should be checked directly against the codified text as it is published, rather than relying on the bill summary alone.
Where to read next
- Maryland estate & inheritance tax — whether Maryland taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
- The Executor & Heir’s Guide — the probate deadlines for Maryland, cited to the controlling statute.
- Funding a revocable trust — a common way to keep many kinds of property out of probate.
- ← Back to the transfer-on-death deed comparison
Sources & methodology
Methodology & sources
Whether Maryland offers a transfer-on-death deed — and how it is executed, recorded, and revoked — is checked against Maryland’s own code or legislature — an official source where available, or a third-party codified mirror of that code otherwise — for the cited fields; a figure or point that could not be confirmed from a primary source is flagged rather than guessed, and a flagged cell is not a cited one. Deed-form vendors and aggregator round-ups are not cited. State property and probate law changes every legislative session; this page carries the date it was last re-verified. See our editorial standards.
This page is educational and is not legal advice. Whether a transfer-on-death deed is right for you — and whether it survives Medicaid estate recovery, a mortgage’s due-on-sale clause, or a co-owner’s survivorship right — turns on facts a general page cannot resolve. Confirm your own situation with an attorney licensed in Maryland.
Last verified July 26, 2026.