Real Property - Transfer-on-Death Deed - Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0738*

HOUSE BILL 738
N1, N2 (6lr0904)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Phillips, Hill, Addison, Amprey, Boafo, Boyce, Coley,
Fennell, Forbes, Holmes, Ivey, A. Johnson, Kaufman, McCaskill,
Mireku–North, Pasteur, Ross, Ruff, Smith, Taveras, Toles, Turner, Wells,
White Holland, Wilkins, Williams, Wims, and Young Young, Conaway,
Embry, McComas, Moreno, Nkongolo, Simmons, Stinnett, Taylor, and
Woods

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
Speaker.

CHAPTER ______

AN ACT concerning 1

Real Property – Transfer–on–Death Deed – Establishment 2

FOR the purpose of altering the Maryland Uniform Disclaimer of Property Interests Act to 3
provide for the disclaimer of nonprobate transfers at death; providing for the 4
creation, revocation, recordation, and effects of a transfer –on–death deed for real 5
property; providing example forms for the creation and revocation of a 6
transfer–on–death deed; altering certain recording requirements for the clerks of the 7
circuit court; exempting a certain transfer –on–death deed from certain property 8
transfer taxes; providing for the retroactive application of this Act to life estate deeds 9
with powers transfer–on–death deeds executed prior to the effective date of this Act 10
2 HOUSE BILL 738

for a transferor who dies on or after the effective date of this Act; and generally 1
relating to life estate deeds with powers transfer–on–death deeds. 2

BY adding to 3
Article – Estates and Trusts 4
Section 1 –402 to be under the amended subtitle “Subtitle 4. Nontestamentary 5
Transfers” 6
Annotated Code of Maryland 7
(2022 Replacement Volume and 2025 Supplement) 8

BY repealing and reenacting, without amendments, 9
Article – Estates and Trusts 10
Section 9–201(a) and (b) and 9–209(a) 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, with amendments, 14
Article – Estates and Trusts 15
Section 9–209(e) and (f) and 9–212 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, with amendments, 19
Article – Real Property 20
Section 3–104 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2025 Supplement) 23

BY adding to 24
Article – Real Property 25
Section 14–1001 through 14–1013 14–1014 to be under the new subtitle “Subtitle 10. 26
Maryland Transfer–on–Death Deed Act” 27
Annotated Code of Maryland 28
(2023 Replacement Volume and 2025 Supplement) 29

BY adding to 30
Article – Tax – Property 31
Section 12–108(ii), 13–207(a)(27), and 13–414 32
Annotated Code of Maryland 33
(2019 Replacement Volume and 2025 Supplement) 34

BY repealing and reenacting, with amendments, 35
Article – Tax – Property 36
Section 13–207(a)(25) and (26) 37
Annotated Code of Maryland 38
(2019 Replacement Volume and 2025 Supplement) 39

HOUSE BILL 738 3

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Estates and Trusts 3

Subtitle 4. [Multiple–Party Accounts] NONTESTAMENTARY TRANSFERS. 4

1–402. 5

(A) A TRANSFER–ON–DEATH DEED MADE IN A CCORDANCE WITH THE 6
REQUIREMENTS OF TITLE 14, SUBTITLE 10 OF THE REAL PROPERTY ARTICLE IS 7
EFFECTIVE ACCORDING TO THE PROVISIONS OF THAT SUBTITLE. 8

(B) TRANSFERS OF REAL PROPERTY UNDER TITLE 14, SUBTITLE 10 OF THE 9
REAL PROPERTY ARTICLE ARE EFFECTIVE AS PROVIDED UNDER TH AT SUBTITLE 10
AND ARE NOT TESTAMENTARY. 11

9–201. 12

(a) In this subtitle the following words have the meanings indicated. 13

(b) “Beneficiary designation ” means an instrument, other than an instrument 14
creating a trust, naming the beneficiary of: 15

(1) An annuity or insurance policy; 16

(2) An account with a designation for payment on death; 17

(3) A security registered in beneficiary form; 18

(4) A pension, profit –sharing, retirement, or other employment –related 19
benefit plan; or 20

(5) Any other nonprobate transfer at death. 21

9–209. 22

(a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer 23
may be effected by personal delivery, first–class mail, or any other method likely to result 24
in its receipt. 25

(e) In the case of an interest created by a beneficiary designation [made] THAT 26
IS DISCLAIMED before [the time] the designation becomes irrevocable, [a] THE disclaimer 27
shall be delivered to the person making the beneficiary designation. 28

4 HOUSE BILL 738

(f) In the case of an interest created by a beneficiary designation [made] THAT 1
IS DISCLAIMED after [the time] the designation becomes irrevocable[, a]: 2

(1) THE disclaimer OF AN INTEREST IN PERSONAL PROPERTY shall be 3
delivered to the person obligated to distribute the interest; AND 4

(2) THE DISCLAIMER OF AN INTEREST IN REAL PRO PERTY MUST BE 5
RECORDED IN THE LAND RECORDS OF THE COUNT Y WHERE THE REAL PRO PERTY 6
THAT IS THE SUBJECT OF THE DISCLAIMER IS LOCATED. 7

9–212. 8

(a) If an instrument transferring an interest in or power over property subject to 9
a disclaimer is required or permitted by law to be filed, recorded, or registered, the 10
disclaimer may be filed, recorded, or registered. 11

(b) [Failure] EXCEPT AS PROVIDED UNDER § 9–209(F)(2) OF THIS SUBTITLE, 12
FAILURE to file, record, or register the disclaimer does not affect its validity. 13

Article – Real Property 14

3–104. 15

(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
PARAGRAPH, THE clerk of the circuit court may record an instrument that effects a change 17
of ownership if the instrument is: 18

[(i)] 1. Endorsed with the certificate of the collector of taxes of the 19
county in which the property is assessed, required under subsection (b) of this section; 20

[(ii) 1.] 2. A. Accompanied by a complete intake sheet; or 21

[2.] B. Endorsed by the assessment office for the county as 22
provided in subsection (g)(8) of this section; and 23

[(iii)] 3. Accompanied by a copy of the instrument, and any survey, 24
for submission to the Department of Assessments and Taxation. 25

(II) THE REQUIREMENTS OF S UBPARAGRAPH (I)1 AND 2B OF 26
THIS PARAGRAPH DO NOT APPLY TO THE RECORDATION OF A TRANSFER–ON–DEATH 27
DEED OR A REVOCATION OF A TRANS FER–ON–DEATH DEED EXECUTED IN 28
ACCORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 29

(2) (I) [The] EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II) OF 30
THIS PARAGRAPH, THE Supervisor of Assessments shall transfer ownership of property 31
HOUSE BILL 738 5

in the assessment records, effective as of the date of recordation, on receipt from the clerk 1
of the circuit court of a copy of the instrument, the completed intake sheet, and any survey 2
submitted under paragraph (1) of this subsection or documents received through an 3
electronic recordation system. 4

(II) PROVIDED THAT THERE I S NOT A REVOCATION O F A 5
TRANSFER–ON–DEATH DEED DESIGNATI NG A BENEFICIARY REC ORDED 6
SUBSEQUENT TO THE RECORDATION OF A TRANSFER–ON–DEATH DEED, OWNERSHIP 7
OF A PROPERTY THAT IS THE SUBJECT OF THE TRANSFER–ON–DEATH DEED MAY BE 8
TRANSFERRED IN THE A SSESSMENT RECORDS TO THE DESIGNATED BENEF ICIARY 9
ONLY FOLLOWING THE D EATH OF THE TRANSFER OR NAMED ON THE 10
TRANSFER–ON–DEATH DEED. 11

(b) (1) (i) Except as provided in subsection (c) of this section, property may 12
not be transferred on the assessment books or records until: 13

1. All public taxes, assessments, and charges currently due 14
and owed on the property have been paid to the treasurer, tax collector, or director of 15
finance of the county in which the property is assessed; and 16

2. All taxes on personal property in the county due by the 17
transferor have been paid when all land owned by the transferor in the county is being 18
transferred. 19

(ii) The certificate of the collecting agent designated by law, showing 20
that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and 21
the endorsement shall be sufficient authority for transfer on the assessment books. 22

(2) (i) Except as provided in subsection (c) of this section, in Allegany, 23
Cecil, Cha rles, Dorchester, Harford, Howard, Kent, Queen Anne’s, Somerset, and St. 24
Mary’s counties no property may be transferred on the assessment books or records until: 25

1. All public taxes, assessments, any charges due a 26
municipal corporation, and charges due on the property have been paid as required by law; 27
and 28

2. All taxes on personal property in the county due by the 29
transferor have been paid when all land owned by the transferor in the county and 30
municipal corporation is being transferred. 31

(ii) The certificate of the collecting agent and municipal corporation 32
designated by law showing that all taxes, assessments, and charges have been paid, shall 33
be endorsed on the deed and the endorsement shall be sufficient authority for transfer on 34
the assessment books. 35

6 HOUSE BILL 738

(3) (i) On request, the treasurer, tax collector, or director of finance for 1
a county shall issue to the requester a certificate clearly enumerating by type and amount 2
any public taxes, assessments, and charges due to the county or municipali ty against a 3
property located in the county or municipality. 4

(ii) A certificate issued under this paragraph shall bar any charge or 5
assessment against the property levied on a bona fide purchaser for value with no notice of 6
the charge or assessment prior to the purchase of the property. 7

(iii) A collecting agent presented with a certificate issued under this 8
paragraph within 45 days after issuance shall endorse the deed as required under 9
paragraph (1)(ii) or (2)(ii) of this subsection on payment of a ll charges set forth in the 10
certificate and any applicable transfer or recordation taxes. 11

(iv) A county or municipality may collect a fee of up to $55 for the 12
issuance of a certificate under this paragraph. 13

(v) The payment of a fee and the issuance of a certificate under this 14
paragraph may not preclude a claim by a county or municipality to payment of a charge or 15
assessment against: 16

1. The owner of the property at the time of the issuance of 17
the certificate; or 18

2. A person who acquires the property with knowledge of the 19
charge or assessment. 20

(vi) Each treasurer, tax collector, or director of finance of a county 21
shall adopt procedures to implement the requirements of this paragraph, including 22
procedures for obtaining a statement on a cer tificate issued under this paragraph of all 23
taxes, assessments, and charges due to a municipality on the transfer of ownership of a 24
property. 25

(c) (1) (i) 1. The requirements for prepayment of personal property 26
taxes in subsection (b) of this section do not apply to grants of land made: 27

A. By or on behalf of any mortgagee, lien creditor, trustee of 28
a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 29
court–appointed officer in an insolvency or liquidation proceeding; or 30

B. By a deed in lieu of foreclosure to any holder of a mortgage 31
or deed of trust or to the holder’s assignee or designee. 32

2. The requirements for payment of real property taxes in 33
subsection (b) of this section do not apply to grants of land that transfer residential real 34
property from the estate of a decedent to an heir or a legatee of the decedent, if the heir or 35
HOUSE BILL 738 7

legatee of the decedent enters into a payment plan to pay all public taxes, assessments, and 1
charges currently due and owed on the property with: 2

A. The county or municipal corporation to which the taxes, 3
assessments, and charges are due; or 4

B. The State Tax Sale Ombudsman. 5

3. The collector of taxes for the county or municipal 6
corporation to which the taxes, assessment s, or charges are due shall provide the heir or 7
legatee of a decedent to whom property is transferred under subsubparagraph 2 of this 8
subparagraph with the toll –free telephone number and website address of the State Tax 9
Sale Ombudsman and a brief descripti on of the services and programs available through 10
the Ombudsman’s office. 11

4. When an heir or a legatee of a decedent enters into a 12
payment plan with a county, a municipal corporation, or the State Tax Sale Ombudsman 13
under subsubparagraph 2 of this sub paragraph, the collector of taxes for the county or 14
municipal corporation or the State Tax Sale Ombudsman shall provide the heir or legatee 15
with an affidavit of the payment plan, which the heir or legatee shall provide to the Clerk 16
of the Circuit Court to record an instrument transferring ownership to the heir or legatee. 17

(ii) Notwithstanding any other provision of law, and except as 18
provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 19
instrument that effects a gran t of land described in subparagraph (i)1 of this paragraph, 20
the land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 21
unpaid taxes on personal property. 22

(iii) Subparagraph (ii) of this paragraph does not apply to: 23

1. Any lien for unpaid taxes on personal property that 24
attached to the land by recording and indexing a notice as provided in § 14 –804(b) of the 25
Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 26
encumbrance givin g rise to the grant of land described in subparagraph (i)1 of this 27
paragraph; or 28

2. Unpaid taxes on personal property owed by the transferee 29
or subsequent owner of the land after a grant of land described in subparagraph (i)1 of this 30
paragraph. 31

(iv) This paragraph does not affect the rights of the personal property 32
tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 33
in a grant of land described in subparagraph (i)1 of this paragraph. 34

(2) Subsection (b) o f this section does not apply in Charles, St. Mary’s, 35
Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 36
Frederick and Washington counties to any deed executed as a mere conduit or for 37
8 HOUSE BILL 738

convenience in holding and passing title, known popularly as a straw deed or, as provided 1
in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 2
which is a supplementary instrument merely confirming, correcting, or modifying a 3
previously recorded deed, i f there is no actual consideration paid or to be paid for the 4
execution of the supplementary instrument. 5

(3) Subsection (b) of this section does not apply in Baltimore City and Anne 6
Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 7
transferring property to the county when the controller or treasurer of the county has 8
certified that the conveyance does not impair the security for any public taxes, assessments, 9
and charges due on the remaining property of the grantor. 10

(4) (i) Property may be transferred on the assessment books or records 11
in July, August, or September if instead of paying the taxes required under subsection (b)(1) 12
of this section on a property transfer by assumption, a lender or the attorney handling the 13
transfer of title files with the county treasurer, tax collector, or director of finance of the 14
county in which the property is assessed a statement that certifies that the lender 15
maintains a real estate tax escrow account. 16

(ii) Upon receipt of the statement required in subparagraph (i) of 17
this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 18
the deed an appropriate certification and the endorsement shall be sufficient authority for 19
transfer on the assessment books. 20

(5) (i) Except as provided in subparagraph (ii) of this paragraph, at the 21
time of transfer of real property subject to a semiannual payment schedule for the payment 22
of property taxes, only those semiannual payments that are due for the current taxable 23
year under § 10 –204.3 of the Tax – Property Article must be paid prior to the transfer of 24
the property. 25

(ii) The semiannual payments that are due for the current taxable 26
year under § 10–204.3 of the Tax – Property Article are not required to b e paid before the 27
transfer of the property if: 28

1. The property is residential real property that is being 29
transferred from the estate of a decedent to an heir or a legatee of the decedent; and 30

2. The heir or legatee of the decedent enters into a payment 31
plan to pay all public taxes, assessments, and charges currently due and owed on the 32
property with: 33

A. The county or municipal corporation to which the taxes, 34
assessments, and charges are due; or 35

B. The State Tax Sale Ombudsman. 36

HOUSE BILL 738 9

(iii) The collector of taxes for the county or municipal corporation to 1
which the taxes, assessments, or charges are due shall provide the heir or legatee of a 2
decedent to whom property is transferred under subparagraph (ii) of this paragraph with 3
the toll–free telephone number and website address of the State Tax Sale Ombudsman and 4
a brief description of the services and programs available through the Ombudsman’s office. 5

(iv) When an heir or a legatee of a decedent enters into a payment 6
plan with a county, a municipal corporation, or the State Tax Sale Ombudsman under 7
subparagraph (ii) of this paragraph, the collector of taxes for the county or municipal 8
corporation or the State Tax Sale Ombudsman shall provide the heir or legatee with an 9
affidavit of the pa yment plan, which the heir or legatee shall provide to the Clerk of the 10
Circuit Court to record an instrument transferring ownership to the heir or legatee. 11

(6) (i) The requirements for payment of real property taxes in 12
subsection (b) of this section do not apply to a grant of land that is subject to a payment 13
plan for property taxes with a county, a municipal corporation, or the State Tax Sale 14
Ombudsman if the grantee enters into an agreement with the county, municipal 15
corporation, or the State Tax Sale Ombudsman to assume the grantor’s obligations under 16
the payment plan. 17

(ii) The collector of taxes for the county or municipal corporation or 18
the State Tax Sale Ombudsman shall provide the grantee with an affidavit of the payment 19
plan, which the grante e shall provide to the Clerk of the Circuit Court to record an 20
instrument transferring ownership to the grantee. 21

(d) (1) Every deed or other instrument offered for recordation shall have the 22
name of each person typed or printed directly above or below the signature of the person. 23

(2) If a typed or printed name is not provided as required in this subsection, 24
the clerk shall make reasonable efforts to determine the correct name under which the deed 25
or other instrument shall be indexed. 26

(e) (1) (i) Any printed deed or other instrument offered for recordation 27
shall: 28

1. Be printed in not less than 8 point type and in black letters 29
and be on white paper of sufficient weight and thickness to be clearly readable. If the deed 30
or other instrument is wholly typewritten or typewritten on a printed form, the typewriting 31
shall be in black letters, in not less than elite type and on white paper of sufficient weight 32
or thickness as to be clearly readable. The foregoing provisions do not apply to manuscript 33
covers or backs customarily used on documents offered for recordation. The recording 34
charge for any instrument not conforming to these requirements shall be three times the 35
normal amount charged. In any clerk’s office where the deeds or other instruments are 36
scanned, no instrument on which a rider has been placed or attached in a manner 37
obscuring, hiding, or covering any other part of the instrument may be offered or received 38
for record. No instrument not otherwise readily subject to scanning may be offered or 39
received for record until three times the normal recording charge is paid to the clerk and 40
10 HOUSE BILL 738

unless an affidavit, black type on white paper, is attached and made a part of the document 1
stating the kind of instrument, the date, the parties to the transaction, d escription of the 2
property, and all other pertinent data; and 3

2. Include at least a 3–inch margin at the top of the first page 4
and 1–inch margins on the left and right sides of each page of the instrument for official 5
use. 6

(ii) After any document has been recorded in one county, a certified 7
copy of the recorded document may be recorded in any other county. 8

(2) A certified copy of any document from a state, commonwealth, territory, 9
or possession of the United States, or the District of Columbia t hat would otherwise be 10
recordable under Maryland law may be recorded in this State, if the document contains: 11

(i) An original certification made by the clerk or other governmental 12
official having responsibility for the certification or authentication o f recorded documents 13
in the jurisdiction where the document is recorded; and 14

(ii) An indication of the recording reference and court or other public 15
registry where the original document is recorded. 16

(f) (1) (i) In this paragraph, “under the attorney’ s supervision” includes 17
review of an instrument by the certifying attorney. 18

(ii) A deed other than a mortgage, a deed of trust, an assignment of 19
rents, an assignment of a lease for security purposes, or an assignment or a release of a 20
mortgage or a deed of trust may not be recorded unless it bears: 21

1. The certification of an attorney admitted to the Bar of this 22
State that the instrument has been prepared by the attorney or under the attorney’s 23
supervision; or 24

2. A certification by a party name d in the instrument that 25
the instrument was prepared by that party. 26

(iii) A mortgage, a deed of trust, an assignment of rents, an 27
assignment of a lease for security purposes, or an assignment or a release of a mortgage or 28
a deed of trust prepared by any attorney or one of the parties named in the instrument may 29
be recorded without the certification required under subparagraph (ii) of this paragraph. 30

(2) Every deed recorded in Prince George’s County shall contain a reference 31
to the election district in which the property described in the deed is located. 32

(3) Every deed or other instrument recorded in Talbot County shall have 33
written, typed, or printed on its back, to be readily visible when folded for filing in the 34
HOUSE BILL 738 11

appropriate drawer or file, the name of every party to the deed or other instrument and the 1
nature or character of the instrument. 2

(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 3
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH THE REQUIREMENTS 4
OF TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 5

(II) No deed granting property lying within the boundaries of any 6
sanitary district operated by the County Commissioners of Worcester County may be 7
accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 8
county to indicate that every assessment or charge currently due and owed to the county 9
with respect to the property described in the deed has been paid. 10

(5) (I) In Frederick County, if the property to be transferred is a 11
subdivision, which is being dissected from a l arger tract of land, then every public tax, 12
assessment, and charge due on the larger tract shall be paid before the property is 13
transferred on the assessment books or land records. 14

(II) Notwithstanding any other provision of this section, in Frederick 15
County the certificate of the Treasurer and the appropriate municipal tax collector, if the 16
property is within an incorporated town or city, showing that every tax has been paid shall 17
be endorsed on the deed. The endorsement is sufficient authority for tr ansfer on the 18
assessment books or land records. 19

(6) Every deed granting a right –of–way or other easement to a public 20
utility, public agency, or a department or agency of the State shall contain an accurate and 21
definite description as well as a reference to the liber and folio where the servient land was 22
granted and a recitation of the grantors, grantees, and the date of the reference deed. 23

(g) (1) This subsection does not apply to: 24

(i) An assignment of a mortgage or if presented for recordation, an 25
assignment of a deed of trust; 26

(ii) A release of a deed of trust or mortgage; 27

(iii) A substitution of trustees on a deed of trust; 28

(iv) A power of attorney; 29

(v) A financing statement or an amendment, continuation, release, 30
or termination of a financing statement recorded in land records; or 31

(vi) A restrictive covenant modification executed under § 3 –112 of 32
this subtitle. 33

12 HOUSE BILL 738

(2) Except as provided in paragraph (1) of this subsection, each deed or 1
other instrument affecting property and presented for recordation shall be: 2

(i) Accompanied by a complete intake sheet, on the form that the 3
Administrative Office of the Courts provides; or 4

(ii) Endorsed as provided under paragraph (8) of this subsection. 5

(3) A complete intake sheet shall: 6

(i) Describe the property by at least one of the following property 7
identifiers: 8

1. The property tax account identification number, if any, or 9
in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 10
from the tax account number; 11

2. The street address, if any; 12

3. If the property is a lot within a subdivided tract, the lot 13
and block designation, or in Baltimore City, the current land record block number; 14

4. If the property is part of a tract that has been subdivided 15
informally and there is neither an assigned tax account identification number for the parcel 16
nor a lot and block designation, then the street address, if any, or the amount of acreage; 17
or 18

5. If the property consists of multipl e parcels, the 19
designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 20

(ii) Name each grantor, donor, mortgagor, and assignor and each 21
grantee, donee, mortgagee, and assignee; 22

(iii) State the type of instrument; 23

(iv) State the amount of consideration payable, including the amount 24
of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 25
secured; 26

(v) State the amount of recording charges due, including the land 27
records surcharge and any transfer and recordation taxes; 28

(vi) Identify, by citation or explanation, each claimed exemption from 29
recording taxes; 30

(vii) For an instrument effecting a change in ownership, state a tax 31
bill mailing address; and 32
HOUSE BILL 738 13

(viii) Indicate the person to whom the instrument is to be returned. 1

(4) An intake sheet may request any other information that the 2
Administrative Office of the Courts considers necessary in expediting transfers of property 3
or recording and indexing of instruments. 4

(5) A clerk may not charge any fee for recording an intake sheet. 5

(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 6
PARAGRAPH, A clerk may not refuse to record an instrument that does not effect a change 7
of ownership on the assessment books solely because it is not accompanied by an intake 8
sheet. 9

(II) A CLERK MAY REFUSE TO RECORD A TRANSFER–ON–DEATH 10
DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE IF 11
IT IS NOT ACCOMPANIED BY AN INTAKE SHEET. 12

(7) A clerk may refuse to record a deed or instrument that effects a change 13
of ownership on the assessment rolls if the instrument is not accompanied by a complete 14
intake sheet or endorsed as transferred on the assessment books by the assessment office 15
for the county where the property is located. 16

(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 17
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 18
10 OF THIS ARTICLE. 19

(II) If a deed or other instrument that effects a change in ownership 20
is submitted for transfer on the assessment books without an intake sheet, the person 21
offering the deed or other instrument shall mail or deliver to the person having charge of 22
the assessment books the information required on the intake sheet. 23

[(ii)] (III) When property is transferred on the assessment books 24
under this paragraph: 25

1. The transfer shall be to the grantee or assignee named in 26
the deed or other instrument; and 27

2. The person recording the transfer shall evidence the fact 28
of the transfer on the deed or other instrument. 29

[(iii)] (IV) An endorsement under this paragraph is sufficient to 30
authorize the recording of the deed or other instrument by the clerk of the appropriate 31
court. 32

14 HOUSE BILL 738

(9) A clerk may not record an instrument that effects a real property lease 1
dealing in natural gas and oil unless the instrument is accompanied by a complete intake 2
sheet. 3

(10) (i) An intake sheet shall be recorde d immediately after the 4
instrument it accompanies. 5

(ii) The intake sheet is not part of the instrument and does not 6
constitute constructive notice as to the contents of the instrument. 7

(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 8
TRANSFER–ON–DEATH DEED. 9

2. The lack of an intake sheet does not affect the validity of 10
any conveyance, lien, or lien priority based on recordation of an instrument. 11

SUBTITLE 10. MARYLAND TRANSFER–ON–DEATH DEED ACT. 12

14–1001. 13

(A) IN THIS SUBTITLE TH E FOLLOWING TERMS HA VE THE MEANINGS 14
INDICATED. 15

(B) “BENEFICIARY” MEANS A PERSON THAT RECEIVES REAL PROPER TY 16
UNDER A TRANSFER–ON–DEATH DEED. 17

(C) “DESIGNATED BENEFICIAR Y” MEANS A PERSON DESIG NATED TO 18
RECEIVE REAL PROPERTY IN A TRANSFER–ON–DEATH DEED. 19

(D) (1) “JOINT OWNER ” MEANS AN INDIVIDUAL WHO OWNS PROPERTY 20
CONCURRENTLY WITH ON E OR MORE OTHER INDI VIDUALS WITH A RIGHT OF 21
SURVIVORSHIP. 22

(2) “JOINT OWNER” INCLUDES: 23

(I) A JOINT TENANT; AND 24

(II) AN OWNER OF COMMUNITY PROPERTY WITH A RIGH T OF 25
SURVIVORSHIP; AND 26

(III) A TENANT BY THE ENTIRETY. 27

(3) “JOINT OWNER” DOES NOT INCLUDE A T ENANT IN COMMON OR 28
OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP. 29
HOUSE BILL 738 15

(E) “PROPERTY” MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THE 1
STATE THAT IS TRANSFERABLE ON THE DEATH OF THE OWNER. 2

(F) “TRANSFEROR” MEANS AN INDIVIDUAL WHO MAKES A 3
TRANSFER–ON–DEATH DEED. 4

(G) “TRANSFER–ON–DEATH DEED ” MEANS A DEED AUTHORI ZED UNDER 5
THIS SUBTITLE. 6

14–1002. 7

THIS SUBTITLE DOES NOT: 8

(1) AFFECT ANY METHOD OF TRANSFERRING PROPERTY OTHERWISE 9
ALLOWED UNDER THE LAWS OF THE STATE; OR 10

(2) LIMIT THE RIGHT OF AN Y PERSON TO MAINTAIN A CIVIL ACTION 11
FOR DAMAGES OR OTHER REMEDIES OTHERWISE A VAILABLE UNDER ANY O THER 12
PROVISION OF LAW. 13

14–1003. 14

(A) AN OWNER OF PROPERTY MAY TRANSFER THE PRO PERTY TO ONE OR 15
MORE BENEFICIARIES E FFECTIVE AT THE TRAN SFEROR’S DEATH BY A 16
TRANSFER–ON–DEATH DEED. 17

(B) (1) A TRANSFER–ON–DEATH DEED THAT DESI GNATES MULTIPLE 18
BENEFICIARIES MAY TR ANSFER OWNERSHIP OF THE PROPERTY TO THE 19
BENEFICIARIES UNDER ANY FORM OF TENANCY INDICATED IN THE 20
TRANSFER–ON–DEATH DEED. 21

(2) IF THE TRANSFER–ON–DEATH DEED DOES NOT INDICATE A FORM 22
OF TENANCY, TITLE TO THE PROPERT Y SHALL BE CONVEYED TO THE DESIGNATED 23
BENEFICIARIES ON THE DEATH OF THE OWNER O R, IF THERE ARE MULTIPL E 24
OWNERS, ON THE DEATH OF THE LAST SURVIVING OWNER, AS JOINT TENANTS WITH 25
RIGHTS OF SURVIVORSHIP. 26

14–1004. 27

(A) A TRANSFER–ON–DEATH DEED IS NONTESTAMENTARY. 28

16 HOUSE BILL 738

(B) A TRANSFER–ON–DEATH DEED IS REVOCA BLE EVEN IF THE DEED OR 1
ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION. 2

(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A 3
TRANSFER–ON–DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A 4
WILL. 5

14–1005. 6

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 7
TRANSFER–ON–DEATH DEED SHALL COMPLY WITH § 4–101 OF THIS ARTICLE. 8

(B) A TRANSFER–ON–DEATH DEED SHALL STA TE THAT THE TRANSFER TO 9
THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR’S DEATH. 10

14–1006. 11

(A) A TRANSFER–ON–DEATH DEED IS EFFECTIVE IF, PRIOR TO THE DEATH 12
OF THE TRANSFEROR , IT IS RECORDED IN TH E LAND RECORDS OF TH E COUNTY 13
WHERE THE PROPERTY I S LOCATED IN ACCORDA NCE WITH § 3–104 OF THIS 14
ARTICLE. 15

(B) A TRANSFER–ON–DEATH DEED IS EFFECTIVE WITHOUT: 16

(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY A D ESIGNATED 17
BENEFICIARY DURING THE TRANSFEROR’S LIFE; OR 18

(2) CONSIDERATION. 19

14–1007. 20

DURING A TRANSFEROR’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT: 21

(1) AFFECT AN INTEREST OR A RIGHT OF THE TRANS FEROR OR ANY 22
OTHER OWNER , INCLUDING THE RIGHT TO TRANSFER OR ENCUM BER THE 23
PROPERTY; 24

(2) AFFECT AN INTEREST OR A RIGHT OF A TRANSFEREE, EVEN IF THE 25
TRANSFEREE HAS ACTUA L OR CONSTRUCTIVE NO TICE OF THE 26
TRANSFER–ON–DEATH DEED; 27

HOUSE BILL 738 17

(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED OR UNSECURED 1
CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS 2
ACTUAL OR CONSTRUCTIVE NOTICE OF THE TRANSFER–ON–DEATH DEED; 3

(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BE NEFICIARY’S 4
ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE; 5

(5) CREATE A LEGAL OR EQU ITABLE INTEREST IN F AVOR OF ANY 6
DESIGNATED BENEFICIARY; OR 7

(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR 8
OF ANY DESIGNATED BENEFICIARY. 9

14–1008. 10

(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION, PRIOR TO THE DEATH 11
OF THE TRANSFEROR , THE TRANSFEROR MAY R EVOKE A PREVIOUSLY R ECORDED 12
TRANSFER–ON–DEATH DEED , OR ANY PART OF THAT RECORDED 13
TRANSFER–ON–DEATH DEED , BY RECORDING IN THE LAND RECORDS OF THE 14
COUNTY IN WHICH THE PROPERTY I S LOCATED , BEFORE THE DEATH OF THE 15
TRANSFEROR, AN EXECUTED AND ACKNOWLEDGED: 16

(1) TRANSFER–ON–DEATH DEED THAT REVOKES THE DEED OR PART 17
OF THE DEED EXPRESSLY OR BY INCONSISTENCY AND THAT IS RECORDED BEFORE 18
THE DEATH OF THE TRANSFEROR; 19

(2) INSTRUMENT OF REVOCAT ION THAT EXPRESSLY R EVOKES THE 20
DEED OR PART OF THE DEED AND THAT IS RECORDED BEFORE THE DEATH OF THE 21
TRANSFEROR; OR 22

(3) INTER VIVOS DEED THAT EXPRESSLY REVOKES THE 23
TRANSFER–ON–DEATH DEED OR PART O F THE DEED EXPRESSLY OR BY 24
INCONSISTENCY AND THAT IS DELIVERE D BEFORE THE DEATH O F THE 25
TRANSFEROR. 26

(B) AFTER A TRANSFER –ON–DEATH DEED IS RECORD ED, IT MAY NOT BE 27
REVOKED BY: 28

(1) A REVOCATORY ACT ON THE DEED; OR 29

(2) A TESTAMENTARY DOCUMENT EXECUTED BY THE TR ANSFEROR, 30
EVEN IF THE TESTAMENTARY DOC UMENT IS EXECUTED AF TER THE DATE OF 31
RECORDATION OF THE TRANSFER–ON–DEATH DEED. 32
18 HOUSE BILL 738

(C) IF A TRANSFER –ON–DEATH DEED IS MADE B Y MORE THAN ONE 1
TRANSFEROR: 2

(1) REVOCATION BY A TRANSFEROR DOES NOT AFFECT THE DEED AS 3
TO THE INTEREST OF ANOTHER TRANSFEROR; AND 4

(2) A DEED BY JOINT OWNERS IS REVOKED ONLY IF IT IS REVOKED BY 5
ALL LIVING JOINT OWNERS. 6

(D) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VIVOS 7
TRANSFER OF THE PROPERTY. 8

14–1009. 9

(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER–ON–DEATH 10
DEED OR IN THIS SECTION, THIS SECTION APPLIES ON THE DEATH OF A TRANSFEROR 11
TO PROPERTY THAT IS THE SUBJECT OF A TRA NSFER–ON–DEATH DEED OWNED BY 12
THE TRANSFEROR AT DEATH, SUBJECT TO THE LIMITATIONS UNDER: 13

(I) TITLE 3, SUBTITLE 3 OF THE ESTATES AND TRUSTS 14
ARTICLE (STATUTORY SHARE OF PRETERMITTED CHILD AND ISSUE); 15

(II) TITLE 3, SUBTITLE 4 OF THE ESTATES AND TRUSTS 16
ARTICLE (ELECTIVE SHARE OF SURVIVING SPOUSE); 17

(III) SECTION 4–105(B)(3) AND (4) OF THE ESTATES AND 18
TRUSTS ARTICLE (REVOCATION BY SUBSEQUENT MARRIAGE FOLLOWED BY A CHILD 19
OR BY DIVORCE); 20

(IV) SECTION 4–403 OF THE ESTATES AND TRUSTS ARTICLE 21
(LAPSE); 22

(V) SECTION 11–112 OF THE ESTATES AND TRUSTS ARTICLE 23
(DISQUALIFICATION FROM INHERITING PROPERTY OR AN INTEREST IN PROPERTY 24
FOR FELONIOUSLY AND INTENTIONALLY KILLIN G, CONSPIRING TO KILL , OR 25
PROCURING THE KILLING OF A DECEDENT); AND 26

(VI) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE 27
(SIMULTANEOUS DEATH). 28

(2) (I) THE INTEREST IN THE P ROPERTY IS TRANSFERR ED TO A 29
DESIGNATED BENEFICIARY IN ACCORDANCE WITH THE TRANSFER–ON–DEATH DEED 30
HOUSE BILL 738 19

ON THE DEATH OF THE TRANSFEROR IF THE BE NEFICIARY SURVIVES T HE 1
TRANSFEROR. 2

(II) IF THE DESIGNATED BENEFICIARY DOES NOT SURVIVE THE 3
TRANSFEROR AND THE T RANSFEROR HAS PROVID ED FOR AN A LTERNATE 4
DESIGNATED BENEFICIARY IN THE TRANSFER –ON–DEATH DEED, THE INTEREST IN 5
THE PROPERTY IS TRAN SFERRED TO A SURVIVI NG ALTERNATE DESIGNA TED 6
BENEFICIARY IN ACCOR DANCE WITH THE TRANS FER–ON–DEATH DEED ON THE 7
DEATH OF THE TRANSFEROR. 8

(III) THE INTEREST OF ANY DESIGNATED BE NEFICIARY WHO 9
FAILS TO SURVIVE THE TRANSFEROR LAPSES. 10

(IV) A TRANSFER–ON–DEATH DEED MAY PROVI DE FOR 11
SUCCESSIVE ALTERNATE DESIGNATED BENEFICIARIES. 12

(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THIS ARTICLE , A 13
BENEFICIARY TAKES THE PROPERTY TRANSFERRED BY THE TRANSFER–ON–DEATH 14
DEED SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, 15
CONTRACTS, MORTGAGES, LIENS, AND ANY OTHER SECURI TY AGREEMENTS , AS 16
DEFINED IN § 9–102 OF THE COMMERCIAL LAW ARTICLE, THAT THE PROPERTY IS 17
SUBJECT TO AT THE TRANSFEROR’S DEATH. 18

(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE 19
TRANSFER–ON–DEATH DEED IS DEEMED TO HAVE OCCURRED AT THE 20
TRANSFEROR’S DEATH. 21

(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT 22
COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER –ON–DEATH DEED 23
CONTAINS A CONTRARY PROVISION. 24

(D) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MO RE DESIGNATED 25
BENEFICIARIES TO REC EIVE CONCURRENT INTE RESTS IN THE PROPERT Y, THE 26
CONCURRENT INTERESTS ARE TRANSFERRED TO T HE BENEFICIARIES AS JOINT 27
TENANTS WITH A RIGHT OF SURVIVORSHIP. 28

(E) (1) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR 29
MORE JOINT OWNERS , THE PROPERTY THAT IS THE SUBJECT OF THE 30
TRANSFER–ON–DEATH DEED BELONGS T O THE SURVIVING JOIN T OWNER OR 31
OWNERS WITH RIGHT OF SURVIVORSHIP. 32

20 HOUSE BILL 738

(2) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING 1
JOINT OWNER, THE TRANSFER–ON–DEATH DEED IS EFFECT IVE ON THE DEATH OF 2
THE LAST SURVIVING JOINT OWNER. 3

14–1010. 4

ANY BENEFICIARY MAY D ISCLAIM ALL OR PART OF THE BENEFICIARY ’S 5
INTEREST AS PROVIDED UNDER TH E MARYLAND UNIFORM DISCLAIMER OF 6
PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THE ESTATES AND TRUSTS 7
ARTICLE. 8

14–1011. 9

(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM 10
TRANSFER–ON–DEATH DEED PROVIDED IN THIS SECTION. 11

(B) (1) AN INDIVIDUAL MAY EST ABLISH A TRANSFER –ON–DEATH DEED 12
BY EXECUTING, ACKNOWLEDGING, AND RECORDING A FORM TRANSFER–ON–DEATH 13
DEED. 14

(2) THE FORM TRANSFER–ON–DEATH DEED SHALL: 15

(I) BE RECORDED IN ACCORD ANCE WITH THE POLICI ES AND 16
PROCEDURES ESTABLISHED BY THE CLERK OF THE CIR CUIT COURT BEFORE TH E 17
TRANSFEROR’S DEATH; AND 18

(II) STATE THAT THE TRANSFER TO THE BENEFICIARY OCCURS 19
AT THE TRANSFEROR’S DEATH. 20

(C) THE FOLLOWING FORM MA Y BE USED TO CREATE A 21
TRANSFER–ON–DEATH DEED: 22

“FORM TRANSFER–ON–DEATH DEED 23

NOTICE TO OWNER 24

YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF 25
THIS FORM AND THE “COMMON QUESTIONS ABOUT THE USE OF THIS FORM” 26
DOCUMENT. 27

YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 28

HOUSE BILL 738 21

THIS FORM IS FOR CURR ENT PROPERTY OWNERS. IF NOT ALL CURRENT 1
OWNERS ARE SIGNING THIS FORM, YOUR NAME HAS CHANGED SINCE YOU ACQUIRED 2
THE PROPERTY, OR YOU WISH TO NAME MULTIPLE PEOPLE TO OWN THE PROPERTY 3
IN THE FUTURE , CONSULTATION WITH A LAWYER IS STRONGLY A DVISED. USE OF 4
THIS FORM FOR MORE COMPLEX SITUATIONS T HAN PROVIDED FOR IN THE FORM 5
MAY HAVE UNINTENDED CONSEQUENCES. 6

THIS FORM MUST BE NOT ARIZED AND RECORDED IN EACH COUNTY (OR 7
BALTIMORE CITY) IN WHICH THE PROPERTY IS LOCATED BEFORE YOUR DEATH, OR 8
IT WILL NOT BE EFFEC TIVE. THE WITNESSES AND NOTARY PUBLIC CANNOT BE 9
RELATIVES OR BENEFIC IARIES OF THE OWNER (S) OR NAMED BENEFICIARI ES A 10
RELATIVE OF ANY BENEFICIARY OR OWNER. 11

PLEASE ATTACH AND REC ORD ADDITIONAL PAGES IF THE REQUESTED 12
INFORMATION DOES NOT FIT ON THIS FORM. 13

IDENTIFYING INFORMATION 14

OWNER(S) MAKING THIS DEED: 15

__________________________ ________________________________ 16
PRINTED NAME MAILING ADDRESS 17

_____________________________ _________________________________ 18
PRINTED NAME MAILING ADDRESS 19

LEGAL DESCRIPTION OF THE PROPERTY: 20

__________________________________________________________________ 21
__________________________________________________________________ 22
__________________________________________________________________ 23
__________________________________________________________________ 24
__________________________________________________________________ 25

BENEFICIARIES 26

NOTE: IF THIS FORM NAMES MU LTIPLE PRIMARY BENEFICIARIES OR ALTERNATE 27
BENEFICIARIES AND DOES NOT INDICATE A DIFFERENT FORM OF OWNERSHIP, THE 28
PROPERTY WILL BE TRA NSFERRED TO THEM AS JOINT TENANTS WITH R IGHTS OF 29
SURVIVORSHIP. 30

PRIMARY BENEFICIARY OR BENEFICIARIES 31

22 HOUSE BILL 738

I DESIGNATE THE FOLLOWING BENEFICIARY IF THE B ENEFICIARY SURVIVES 1
BENEFICIARY OR BENEFICIARIES IF THE BENEFICIARY OR BENEFICIARIES SURVIVE 2
ME. 3

_________________________ _________________________________ 4
PRINTED NAME MAILING ADDRESS, IF AVAILABLE 5

________________________ _________________________________ 6
PRINTED NAME MAILING ADDRESS, IF AVAILABLE 7

ALTERNATE BENEFICIARY – OPTIONAL 8

IF MY PRIMARY BENEFICIARY DOES OR BENEFICIARIES DO NOT SURVIVE ME, 9
I DESIGNATE THE FOLLOW ING ALTERNATE BENEFI CIARY IF THAT BENEFI CIARY 10
SURVIVES ME. 11

_________________________ _________________________________ 12
PRINTED NAME MAILING ADDRESS, IF AVAILABLE 13

TRANSFER ON DEATH 14

AT MY DEATH , I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY TO 15
THE BENEFICIARIES AS DESIGNATED ABOVE. 16

BEFORE MY DEATH, I HAVE THE FULL RIGHT TO REVOKE THIS DEED. 17

SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 18

_________________________ (SEAL) _________________ 19
SIGNATURE DATE 20

_______________________________ 21
PRINTED NAME 22

_________________________ (SEAL) _________________ 23
SIGNATURE DATE 24

_______________________________ 25
PRINTED NAME 26

PREPARER 27

HOUSE BILL 738 23

I HEREBY CERTIFY THAT THIS REVOCABLE TRANSFER–ON–DEATH DEED WAS 1
PREPARED BY _______________________, (OWNER/PRIMARY 2
BENEFICIARY/ALTERNATE BENEFICIARY), A PARTY TO THIS INSTRUMENT. 3

SIGNATURE: ____________________________ 4

PRINTED NAME: _________________________ 5

ACKNOWLEDGMENT 6

STATE OF _______________ COUNTY OF ________________ 7

THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 8

___________________________________ 9

SIGNATURE OF NOTARIAL OFFICER 10

TITLE OF OFFICE 11

STAMP 12

MY COMMISSION EXPIRES: ________”. 13

(D) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 14
THE FORM FOR TRANSFER–ON–DEATH DEED: 15

COMMON QUESTIONS ABOUT THE USE OF THIS FORM 16

THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 17
A TRANSFER–ON–DEATH DEED AT THE DEPARTMENT OF LAND 18
RECORDS IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT. 19

SHOULD I CONSULT AN ATTORNEY PRIOR TO COMPLETING THIS FORM? IT IS 20
ALWAYS RECOMMENDED THAT YOU SPEAK WITH A N ATTORNEY BEFORE SIGNING A 21
DEED, AND THIS FORM MAY NOT BE APPROPRIATE FOR ALL CIRCUMSTANCES. THIS 22
FORM MAY NOT BE APPROPRIATE IF YOUR NAME IS NOT ON THE CURRENT DEED TO 23
THE PROPERTY, YOUR CURRENT LEGAL NAME IS DIFFERENT THAN YOUR NAME ON 24
THE CURRENT DEED, YOU OWN THE PROPERTY WITH OTHER INDIVIDUALS, OR YOU 25
WANT TO NAME MULTIPLE PEOPLE TO INHERIT YOUR PROPERTY TOGETHER. 26

WHAT DOES THE TRANSFER–ON–DEATH DEED DO? WHEN YOU DIE, THIS DEED 27
TRANSFERS THE DESCRI BED PROPERTY , SUBJECT TO CERTAIN S ECURITY 28
24 HOUSE BILL 738

AGREEMENTS ON THE PROPERTY, SUBJECT TO ANY LIENS, MORTGAGES, OR OTHER 1
ENCUMBRANCES ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED. 2
THE TRANSFER–ON–DEATH DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE 3
IT AT ANY TIME . YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE 4
ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY 5
WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. 6

HOW DO I MAKE A TRANSFER –ON–DEATH DEED ? COMPLETE THIS FORM . 7
HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBL IC OR OTHER INDIVIDU AL 8
AUTHORIZED UNDER LAW TO TAKE ACK NOWLEDGMENTS. RECORD THE FORM IN 9
EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO 10
EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH. 11

IS THE “LEGAL DESCRIPTION” OF THE PROPERTY NECESSARY? YES. 12

HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY ? THIS 13
INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER 14
OF THE PROPERTY AND MAY BE FOUND IN A PARAGRAPH THAT STA RTS WITH THE 15
WORDS “BEGINNING” OR “BEING”. THIS INFORMATION MAY ALSO BE AVAILABLE IN 16
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT FOR THE COUNTY WHERE THE 17
PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. 18

WHAT HAPPENS IF I SELECT MULTIPLE BENEFICIARIES? IF THIS FORM NAMES 19
MULTIPLE PRIMARY AND /OR ALTERNATE BENEFIC IARIES AND YOU DO NOT 20
INDICATE A DIFFERENT FORM OF OWNERSHIP , THE PROPERTY WILL BE 21
TRANSFERRED TO THEM AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. IF YOU 22
ARE NOT SURE WHETHER THIS IS THE APPROPRIATE OWNERSHIP STRUCTURE FOR 23
YOUR BENEFICIARIES, CONSULT WITH AN ATTORNEY. 24

CAN I CHANGE MY MIND BEFORE I RECORD THE TRANSFER–ON–DEATH DEED? 25
YES. IF YOU HAVE NOT YET R ECORDED THE DEED AND WANT TO CHANGE YOUR 26
MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED. 27

WHICH CONTROLS AT MY DEATH, MY WILL OR THE TRANSFER–ON–DEATH 28
DEED? THE TRANSFER–ON–DEATH DEED CONTROLS OVER A CONTRARY 29
INSTRUCTION IN A WILL. 30

HOW DO I “RECORD” THE TRANSFER –ON–DEATH DEED ? TAKE THE 31
COMPLETED AND ACKNOW LEDGED FORM TO THE C LERK OF THE CIRCUIT COURT 32
FOR THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS 33
GIVEN BY THE CLERK ’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL 34
PROPERTY RECORDS . IF THE PROPERTY IS IN MORE THAN ONE COUNTY , YOU 35
SHOULD RECORD THE DEED IN EACH COUNTY. 36
HOUSE BILL 738 25

DOES A TRANSFER–ON–DEATH DEED HELP AVOID INHERITANCE TAXES? NO. 1
YOUR BENEFICIARY MAY NEED TO PAY INHERITANCE T AXES AS A RESULT OF THE 2
TRANSFER–ON–DEATH DEED. IF YOU HAVE QUESTIONS RELATED TO INHERITANCE 3
TAXES, CONSULT A LAWYER. 4

CAN I LATER REVOKE THE TRA NSFER–ON–DEATH DEED IF I CHANGE MY 5
MIND? YES. YOU CAN REVOKE THE TRANSFER–ON–DEATH DEED . NO ONE , 6
INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED. 7

HOW DO I REVOKE THE TRANSFER–ON–DEATH DEED AFTER IT IS RECORDED? 8
THERE ARE THREE WAYS TO REVOKE A RECORDED TRANSFER–ON–DEATH DEED: (1) 9
COMPLETE AND ACKNO WLEDGE A REVOCATION FORM, AND RECORD IT IN EAC H 10
COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A 11
NEW TRANSFER–ON–DEATH DEED THAT DISP OSES OF THE SAME PRO PERTY, AND 12
RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE 13
PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT 14
EXPRESSLY REVOKES THE TRANSFER–ON–DEATH DEED. YOU MAY NOT REVOKE THE 15
TRANSFER–ON–DEATH DEED BY WILL. 16

I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO 17
NOT COMPLETE THIS FORM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 18
FAMILY MEMBER, FRIEND, OR LAWYER. 19

DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TRANSFER–ON–DEATH 20
DEED? NO, BUT IT IS STRONGLY RECOMMENDED. SECRECY NON–DISCLOSURE CAN 21
CAUSE LATER COMPLICA TIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO 22
COMMIT FRAUD. 23

COULD A TRANSFER–ON–DEATH DEED I RECORD TODAY BE AFFE CTED IF I 24
DIVORCE LATER OR GET MARRIED AND HAVE CHI LDREN? YES. IF YOU CREATE A 25
TRANSFER–ON–DEATH DEED THAT NAMES YOUR SPOUSE AS THE BENEFI CIARY 26
WHILE YOU ARE MARR IED AND YOU LATER DI VORCE OR YOUR MARRIA GE IS 27
ANNULLED, THE TRANSFER–ON–DEATH DEED WILL BE CONSIDER ED TO BE 28
AUTOMATICALLY REVOKE D. ADDITIONALLY, IF YOU RECORD A 29
TRANSFER–ON–DEATH DEED NAMING ANY BENEF ICIARY AND LATER MAR RY AND 30
HAVE CHILDREN WITH Y OUR FUTU RE SPOUSE BY BIRTH , ADOPTION, OR 31
LEGITIMATION, YOUR TRANSFER–ON–DEATH DEED WILL BE CONSIDER ED TO BE 32
AUTOMATICALLY REVOKED. 33

AS A BENEFICIARY , WHAT DO I DO ONCE THE OWNER HA S DIED? YOU WILL 34
AUTOMATICALLY RECEIVE THE PROPERTY WHEN THE OWNER DIES , UNLESS YOU 35
FOLLOW MARYLAND’S PROCEDURE TO DISCL AIM YOUR INTEREST . YOU MAY WISH 36
26 HOUSE BILL 738

TO EXECUTE AND RECORD A TRANSFER–ON–DEATH NOTIFICATION OF DEATH FORM 1
TO SHOW THAT YOU ARE NOW THE RIGHTFUL OWNER OF THE PROPERTY. 2

I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 3
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 4
QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.”. 5

14–1012. 6

(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FORM PROVIDED UNDER 7
THIS SECTION , OR ANY OTHER INSTRUM ENT USED TO R EVOKE A 8
TRANSFER–ON–DEATH DEED. 9

(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 10
REVOCATION UNDER THIS SUBTITLE: 11

“REVOCATION OF A TRANSFER–ON–DEATH DEED 12

NOTICE TO OWNER 13

THIS REVOCATION MUST BE RECORDED IN EACH COUNTY (OR BALTIMORE 14
CITY) IN WHICH THE PROPERT Y IS LOCATED BEFORE YOU DIE OR IT WILL N OT BE 15
EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 16
PROPERTY OF THE OWNER WHO SIGNS THIS REVOCATION. 17

IDENTIFYING INFORMATION 18

OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION: 19

_____________________________ _____________________________ 20
PRINTED NAME MAILING ADDRESS 21

_____________________________ _____________________________ 22
PRINTED NAME MAILING ADDRESS 23

LEGAL DESCRIPTION OF THE PROPERTY: 24

____________________________________________________________ 25
____________________________________________________________ 26
____________________________________________________________ 27
____________________________________________________________ 28
____________________________________________________________ 29

HOUSE BILL 738 27

REVOCATION 1

I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 2
TRANSFER–ON–DEATH DEED. 3

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 4

_______________________________ (SEAL) _______________ 5
SIGNATURE DATE 6

_______________________________ 7
PRINTED NAME 8

_______________________________ (SEAL) _______________ 9
SIGNATURE DATE 10

_______________________________ 11
PRINTED NAME 12

ACKNOWLEDGMENT 13

STATE OF ____________ COUNTY OF ______________ 14

THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 15

___________________________________ 16

SIGNATURE OF NOTARIAL OFFICER 17

TITLE OF OFFICE 18

STAMP 19

MY COMMISSION EXPIRES: ________ 20

“COMMON QUESTIONS ABOUT USE OF THIS FORM 21

THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 22
REVOCATION OF A TRANSFER–ON–DEATH DEED AT THE OFFICE OF 23
LAND RECORDS. 24

HOW DO I USE THIS FORM TO REV OKE A RECORDED FORM 25
TRANSFER–ON–DEATH DEED OR OTHER TRANSFER–ON–DEATH DEED? COMPLETE 26
28 HOUSE BILL 738

THIS REVOCATION FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR 1
OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS . 2
RECORD THE FORM IN TH E LAND RECORDS OF EA CH COUNTY WHERE THE 3
PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDED 4
BEFORE YOUR DEATH OR IT HAS NO EFFECT. 5

HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 6
INFORMATION MAY BE O N THE TRANSFER –ON–DEATH DEED . IT MAY ALSO BE 7
AVAILABLE IN THE LAN D RECORDS FOR THE CO UNTY WHERE THE PROPE RTY IS 8
LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. 9

HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 10
ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 11
WHERE THE PROPERTY I S LOCATED . FOLLOW THE INSTRUCTIO NS GIVEN BY THE 12
CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. 13
IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD 14
THE FORM IN EACH OF THOSE COUNTIES. 15

I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO 16
NOT COMPLETE THIS FO RM UNDER PRESS URE. SEEK HELP FROM A TRUS TED 17
FAMILY MEMBER, FRIEND, OR LAWYER. 18

I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 19
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 20
QUESTIONS, CONSULT A LAWYER.”. 21

14–1013. 22

(A) (1) ON TH E DEATH OF A TRANSFE ROR, A BENEFICIARY OR THE 23
BENEFICIARIES OF A T RANSFER–ON–DEATH DEED MAY RECOR D NOTICE OF THE 24
DEATH OF A TRANSFERO R IN THE LAND RECORD S OF THE COUNTY IN W HICH THE 25
PROPERTY IS LOCATED. 26

(2) NOTICE OF THE DEATH O F THE TRANSFEROR IS NOT REQUIRED 27
TO EFFECTUATE THE TR ANSFER OF THE PROPER TY, WHICH IS DEEMED TO H AVE 28
OCCURRED AT THE DEATH OF THE TRANSFEROR. 29

(3) THE CLERK OF THE COUR T SHALL FORWARD NOTI FICATION OF 30
THE DEATH OF A TRANS FEROR TO THE MARYLAND STATE DEPARTMENT OF 31
ASSESSMENTS AND TAXATION IN THE SAME MANNER AS A DEED OR A LEASE. 32

HOUSE BILL 738 29

(B) THE FOLLOWING FORM MA Y BE USED AND RECORD ED UNDER 1
SUBSECTION (A) OF THIS SECTION TO P ROVIDE NOTICE OF THE DEATH OF A 2
TRANSFEROR: 3

“TRANSFER–ON–DEATH DEED NOTIFICATION OF DEATH 4

THE UNDERSIGNED HEREBY AFFIRMS, UNDER THE PENALTIES OF PERJURY, 5
THAT THE FOLLOWING IS TRUE REGARDING A TRANSFER–ON–DEATH DEED (TODD) 6
RECORDED ON THE SUBJECT PROPERTY: 7

NAME OF TRANSFEROR(S): ____________________________________________ 8

RECORDING REFERENCE OF TODD: 9

BOOK/LIBER NUMBER: _______, PAGE/FOLIO: _______, DATED THE ___ DAY OF 10
____________, 20___, AND RECORDED AMONG T HE LAND RECORDS OF 11
____________________ CITY/COUNTY. 12

COMPLETE ADDRESS OF S UBJECT PROPERTY AS I T APPEARS IN RECORDS OF 13
MARYLAND STATE DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT): 14
_________________________________________________________________________ 15
_________________________________________________________________________ 16

SDAT TAX IDENTIFICATION NUMBER: _______________________________________ 17
NOTE: THE INFORMATION ABOVE MAY BE AVAILABLE ON SDAT’S WEBSITE. 18

TODD TRANSFEROR INFORMATION 19

DATE OF TRANSFEROR’S DEATH: ___________________________ 20

STATE WHERE DEATH CERTIFICATE ISSUED: ______________________ 21

DEATH CERTIFICATE FILE OR REGISTRATION NUMBER: _____________________ 22

TODD BENEFICIARY INFORMATION 23

NAME OF BENEFICIARY O R BENEFICIARIES IDEN TIFIED ON TODD: 24
____________________________________________________________________________25
________________________________________________________________________ 26

MAILING ADDRESS OF BE NEFICIARY WHO WILL B E RESPONSIBLE FOR RE AL 27
PROPERTY TAXES: 28
____________________________________________________________________________29
________________________________________________________________________ 30
30 HOUSE BILL 738

RELATIONSHIP(S) OF BENEFICIARY OR BE NEFICIARIES TO TRANS FEROR: 1
____________________________________________________________________________2
________________________________________________________________________ 3

IF A BENEFICIARY OR B ENEFICIARIES DIED AFTER THE TRANSFEROR ’S DEATH , 4
PROVIDE THE DATE OF DEATH, DEATH CERTIFICATE ST ATE AND 5
FILE/REGISTRATION NUMBER HERE. IF THE BENEFICIARY OR BENEFICIARIES DIED 6
PRIOR TO THE TRANSFE ROR, THEIR INTEREST IN TH E PROPERTY HAS LAPSE D. 7
____________________________________________________________________________8
___________ 9

BENEFICIARY SIGNATURE: __________________________ 10
DATE: ______________________________ 11

BENEFICIARY SIGNATURE: __________________________ 12
DATE: ______________________________ 13

ACKNOWLEDGMENT 14

STATE OF ____________ COUNTY OF ______________ 15

THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 16

___________________________________ 17

SIGNATURE OF NOTARIAL OFFICER 18

TITLE OF OFFICE 19

STAMP 20

MY COMMISSION EXPIRES: ________ 21

CERTIFICATION OF OCCUPANCY STATUS 22

SELECT ONE OF THE BEL OW OPTIONS THAT CORR ECTLY DESCRIBES THE 23
PROPERTY’S OCCUPANCY STATUS: 24

OPTION ONE: 25

____ NONE OF THE BENEFICIA RIES INHERITING THE SUBJECT PROPERTY UND ER 26
THE DEED REFERENCED IN THIS NOTIFICATION LIVE AT THIS PROPERTY AS THEIR 27
PRINCIPAL RESIDENCE. 28
HOUSE BILL 738 31

OR 1

OPTION TWO: 2

____ AT LEAST ONE OF THE B ENEFICIARIES INHERITING THE SUBJECT PROP ERTY 3
UNDER THE DEED REFERENCED IN THIS NOTIFICATION LIVES AT THIS PROPERTY AS 4
THEIR PRINCIPAL RESIDENCE. 5

IF YOU SELECTED OPTIO N TWO AND YOU ARE TH E BENEFICIARY OCCUPY ING THE 6
PROPERTY, PLEASE COMPLETE THE FOLLOWING: 7

I, ______________________ (PRINT NAME), DO HEREBY CER TIFY AND AFFIRM UNDE R 8
THE PENALTIES OF PER JURY THAT I CURRENTLY LIVE AT AND WILL CONTINUE TO 9
LIVE AT THE ABOVE –REFERENCED PROPERTY , FOLLOWING THE RECORD ING OF 10
THIS NOTIFICATION. I SHALL OCCUPY THE PROPERTY AS MY PRINCIPAL RESIDENCE 11
FOR AT LEAST 7 OF THE NEXT 12 MONTHS. 12

_______________________________________ 13
SIGNATURE”. 14

14–1014. 15

THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 16
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 17
SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 18
101(C) OF THAT ACT , 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 19
DELIVERY OF ANY OF THE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15 20
U.S.C. SECTION 7003(B). 21

Article – Tax – Property 22

12–108. 23

(II) A REAL PROPERTY TRANSFER–ON–DEATH DEED UNDER TITLE 14 OF 24
THE REAL PROPERTY ARTICLE IS NOT SUBJEC T TO RECORDATION TAX IF THE 25
PROPERTY IS A PRIMAR Y RESIDENCE OR A SEC ONDARY RESIDENCE OF THE 26
TRANSFEROR. 27

13–207. 28

(a) An instrument of writing is not subject to transfer tax to the same extent that 29
it is not subject to recordation tax under: 30

32 HOUSE BILL 738

(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 1
in bankruptcy); [or] 2

(26) § 12–108(hh) of this article (Transfer of real property within the Pimlico 3
racing facility site, Pimlico site, Bowie Race Course Training Center property, or training 4
facility site); OR 5

(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY 6
TRANSFER–ON–DEATH DEED). 7

13–414. 8

AN INSTRUMENT OF WRIT ING THAT IS EXEMPT F ROM RECORDATION T AX 9
UNDER § 12–108(II) OF THIS ARTICLE (REAL PROPERTY TRANSF ER–ON–DEATH 10
DEED) IS NOT SUBJECT TO COUNTY TRANSFER TAX. 11

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be interpreted 12
and enforced by a court in accordance with existing law governing life estates with powers 13
of alienation, to the extent practicable and so long as the interpretation and enforcement 14
does not conflict with the uniform application of the Uniform Real Property Transfer on 15
Death Act promulgated by the Uniform Law Commission. 16

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 17
transfer–on–death deed that was made before, on, or after the effective date of this Act by 18
a transferor who dies on or after the effective date of this Act. 19

SECTION 4. AND BE IT FU RTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.