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.
*sb0651*

SENATE BILL 651
N1, N2 6lr2022
CF HB 738
By: Senator Henson Senators Henson, Charles, Folden, James, Love, McKay,
Muse, Smith, Sydnor, Waldstreicher, and West
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 4, 2026

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 fr om 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
for a transferor who dies on or after the effective date of this Act; and generally 11
relating to life estate deeds with powers transfer–on–death deeds. 12

BY adding to 13
Article – Estates and Trusts 14
Section 1 –402 to be under the amended subtitle “Subtitle 4. Nontestamentary 15
Transfers” 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, without amendments, 19
Article – Estates and Trusts 20
Section 9–201(a) and (b) and 9–209(a) 21
Annotated Code of Maryland 22
2 SENATE BILL 651

(2022 Replacement Volume and 2025 Supplement) 1

BY repealing and reenacting, with amendments, 2
Article – Estates and Trusts 3
Section 9–209(e) and (f) and 9–212 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2025 Supplement) 6

BY repealing and reenacting, with amendments, 7
Article – Real Property 8
Section 3–104 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11

BY adding to 12
Article – Real Property 13
Section 14–1001 through 14–1013 14–1014 to be under the new subtitle “Subtitle 10. 14
Maryland Transfer–on–Death Deed Act” 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17

BY adding to 18
Article – Tax – Property 19
Section 12–108(ii), 13–207(a)(27), and 13–414 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2025 Supplement) 22

BY repealing and reenacting, with amendments, 23
Article – Tax – Property 24
Section 13–207(a)(25) and (26) 25
Annotated Code of Maryland 26
(2019 Replacement Volume and 2025 Supplement) 27

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29

Article – Estates and Trusts 30

Subtitle 4. [Multiple–Party Accounts] NONTESTAMENTARY TRANSFERS. 31

1–402. 32

(A) A TRANSFER–ON–DEATH DEED MADE IN A CCORDANCE WITH THE 33
REQUIREMENTS OF TITLE 14, SUBTITLE 10 OF THE REAL PROPERTY ARTICLE IS 34
EFFECTIVE ACCORDING TO THE PROVISIONS OF THAT SUBTITLE. 35

SENATE BILL 651 3

(B) TRANSFERS OF REAL PROPERTY UNDER TITLE 14, SUBTITLE 10 OF THE 1
REAL PROPERTY ARTICLE ARE EFFECTIVE AS PROVIDED UNDER TH AT SUBTITLE 2
AND ARE NOT TESTAMENTARY. 3

9–201. 4

(a) In this subtitle the following words have the meanings indicated. 5

(b) “Beneficiary designation” means an instrument, other than an instrument 6
creating a trust, naming the beneficiary of: 7

(1) An annuity or insurance policy; 8

(2) An account with a designation for payment on death; 9

(3) A security registered in beneficiary form; 10

(4) A pension, profit –sharing, retirement, or other employment –related 11
benefit plan; or 12

(5) Any other nonprobate transfer at death. 13

9–209. 14

(a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer 15
may be effected by personal delivery, first –class mail, or any other method likely to result 16
in its receipt. 17

(e) In the case of an interest created by a beneficiary designation [made] THAT 18
IS DISCLAIMED before [the time] the designation becomes irrevocable, [a] THE disclaimer 19
shall be delivered to the person making the beneficiary designation. 20

(f) In the case of an interest created by a bene ficiary designation [made] THAT 21
IS DISCLAIMED after [the time] the designation becomes irrevocable[, a]: 22

(1) THE disclaimer OF AN INTEREST IN PERSONAL PROPERTY shall be 23
delivered to the person obligated to distribute the interest; AND 24

(2) THE DISCLAIMER OF AN INT EREST IN REAL PROPER TY MUST BE 25
RECORDED IN THE LAND RECORDS OF THE COUNT Y WHERE THE REAL PRO PERTY 26
THAT IS THE SUBJECT OF THE DISCLAIMER IS LOCATED. 27

9–212. 28

4 SENATE BILL 651

(a) If an instrument transferring an interest in or power over property subject to 1
a disclaimer is required or permitted by law to be filed, recorded, or registered, the 2
disclaimer may be filed, recorded, or registered. 3

(b) [Failure] EXCEPT AS PROVIDED UNDER § 9–209(F)(2) OF THIS SUBTITLE, 4
FAILURE to file, record, or register the disclaimer does not affect its validity. 5

Article – Real Property 6

3–104. 7

(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 8
PARAGRAPH, THE clerk of the circuit court may record an instrument that effects a change 9
of ownership if the instrument is: 10

[(i)] 1. Endorsed with the certificate of the collector of taxes of the 11
county in which the property is assessed, required under subsection (b) of this section; 12

[(ii) 1.] 2. A. Accompanied by a complete intake sheet; or 13

[2.] B. Endorsed by the assessment office for the county as 14
provided in subsection (g)(8) of this section; and 15

[(iii)] 3. Accompanied by a copy of the instrument, and any survey, 16
for submission to the Department of Assessments and Taxation. 17

(II) THE REQUIREMENTS OF S UBPARAGRAPH (I)1 AND 2B OF 18
THIS PARAGRAPH DO NOT APPLY TO THE RECORDATION OF A TRANSFER–ON–DEATH 19
DEED OR A REVOCATION OF A TRANSFER –ON–DEATH DEED EX ECUTED IN 20
ACCORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 21

(2) (I) [The] EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II) OF 22
THIS PARAGRAPH, THE Supervisor of Assessments shall transfer ownership of property 23
in the assessment records, effective as of th e date of recordation, on receipt from the clerk 24
of the circuit court of a copy of the instrument, the completed intake sheet, and any survey 25
submitted under paragraph (1) of this subsection or documents received through an 26
electronic recordation system. 27

(II) PROVIDED THAT THERE I S NOT A REVOCATION O F A 28
TRANSFER–ON–DEATH DEED DESIGNATI NG A BENEFICIARY REC ORDED 29
SUBSEQUENT TO THE RECORDATION OF A TRANSFER–ON–DEATH DEED, OWNERSHIP 30
OF A PROPERTY THAT IS THE SUBJECT OF THE TRANSFER–ON–DEATH DEED MAY BE 31
TRANSFERRED IN THE ASSESS MENT RECORDS TO THE DESIGNATED BENEFICIARY 32
ONLY FOLLOWING THE D EATH OF THE TRANSFER OR NAMED ON THE 33
TRANSFER–ON–DEATH DEED. 34
SENATE BILL 651 5

(b) (1) (i) Except as provided in subsection (c) of this section, property may 1
not be transferred on the assessment books or records until: 2

1. All public taxes, assessments, and charges currently due 3
and owed on the property have been paid to the treasurer, tax collector, or director of 4
finance of the county in which the property is assessed; and 5

2. All taxes on personal property in the county due by the 6
transferor have been paid when all land owned by the transferor in the county is being 7
transferred. 8

(ii) The certificate of the collecting agent designated by law, showing 9
that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and 10
the endorsement shall be sufficient authority for transfer on the assessment books. 11

(2) (i) Except as provided in subsection (c) of this section, in Allegany, 12
Cecil, Charles, Dorchester, Ha rford, Howard, Kent, Queen Anne’s, Somerset, and St. 13
Mary’s counties no property may be transferred on the assessment books or records until: 14

1. All public taxes, assessments, any charges due a 15
municipal corporation, and charges due on the property have been paid as required by law; 16
and 17

2. All taxes on personal property in the county due by the 18
transferor have been paid when all land owned by the transferor in the county and 19
municipal corporation is being transferred. 20

(ii) The certificate of the collecting agent and municipal corporation 21
designated by law showing that all taxes, assessments, and charges have been paid, shall 22
be endorsed on the deed and the endorsement shall be sufficient authority for transfer on 23
the assessment books. 24

(3) (i) On request, the treasurer, tax collector, or director of finance for 25
a county shall issue to the requester a certificate clearly enumerating by type and amount 26
any public taxes, assessments, and charges due to the county or municipality against a 27
property located in the county or municipality. 28

(ii) A certificate issued under this paragraph shall bar any charge or 29
assessment against the property levied on a bona fide purchaser for value with no notice of 30
the charge or assessment prior to the purchase of the property. 31

(iii) A collecting agent presented with a certificate issued under this 32
paragraph within 45 days after issuance shall endorse the deed as required under 33
paragraph (1)(ii) or (2)(ii) of this subsection on payment of all charges set forth in the 34
certificate and any applicable transfer or recordation taxes. 35

6 SENATE BILL 651

(iv) A county or municipality may collect a fee of up to $55 for the 1
issuance of a certificate under this paragraph. 2

(v) The payment of a fee and the issuance of a certificate under this 3
paragraph may not preclude a claim by a county or municipality to payment of a charge or 4
assessment against: 5

1. The owner of the property at the time of the issuance of 6
the certificate; or 7

2. A person who acquires the property with knowledge of the 8
charge or assessment. 9

(vi) Each treasurer, tax collector, or director of finance of a county 10
shall adopt procedures to implement the requirements of this paragraph, including 11
procedures for obtaining a statement on a certificate issued unde r this paragraph of all 12
taxes, assessments, and charges due to a municipality on the transfer of ownership of a 13
property. 14

(c) (1) (i) 1. The requirements for prepayment of personal property 15
taxes in subsection (b) of this section do not apply to grants of land made: 16

A. By or on behalf of any mortgagee, lien creditor, trustee of 17
a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 18
court–appointed officer in an insolvency or liquidation proceeding; or 19

B. By a deed in lieu of foreclosure to any holder of a mortgage 20
or deed of trust or to the holder’s assignee or designee. 21

2. The requirements for payment of real property taxes in 22
subsection (b) of this section do not apply to grants of land that transfer resident ial real 23
property from the estate of a decedent to an heir or a legatee of the decedent, if the heir or 24
legatee of the decedent enters into a payment plan to pay all public taxes, assessments, and 25
charges currently due and owed on the property with: 26

A. The county or municipal corporation to which the taxes, 27
assessments, and charges are due; or 28

B. The State Tax Sale Ombudsman. 29

3. The collector of taxes for the county or municipal 30
corporation to which the taxes, assessments, or charges are due shall provide the heir or 31
legatee of a decedent to whom property is transferred under subsubparagraph 2 of this 32
subparagraph with the toll –free telephone number and website address of the State Tax 33
Sale Ombudsman and a brief description of the services and programs available through 34
the Ombudsman’s office. 35

SENATE BILL 651 7

4. When an heir or a legatee of a decedent enters into a 1
payment plan with a county, a municipal corporation, or the State Tax Sale Ombudsman 2
under subsubparagraph 2 of this subparagraph, the collect or of taxes for the county or 3
municipal corporation or the State Tax Sale Ombudsman shall provide the heir or legatee 4
with an affidavit of the payment plan, which the heir or legatee shall provide to the Clerk 5
of the Circuit Court to record an instrument transferring ownership to the heir or legatee. 6

(ii) Notwithstanding any other provision of law, and except as 7
provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 8
instrument that effects a grant of land described in subparagraph (i)1 of this paragraph, 9
the land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 10
unpaid taxes on personal property. 11

(iii) Subparagraph (ii) of this paragraph does not apply to: 12

1. Any lien for unpai d taxes on personal property that 13
attached to the land by recording and indexing a notice as provided in § 14 –804(b) of the 14
Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 15
encumbrance giving rise to the grant of land described in subparagraph (i)1 of this 16
paragraph; or 17

2. Unpaid taxes on personal property owed by the transferee 18
or subsequent owner of the land after a grant of land described in subparagraph (i)1 of this 19
paragraph. 20

(iv) This paragraph does not affect the rights of the personal property 21
tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 22
in a grant of land described in subparagraph (i)1 of this paragraph. 23

(2) Subsection (b) of this section does no t apply in Charles, St. Mary’s, 24
Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 25
Frederick and Washington counties to any deed executed as a mere conduit or for 26
convenience in holding and passing title, known popularly as a straw deed or, as provided 27
in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 28
which is a supplementary instrument merely confirming, correcting, or modifying a 29
previously recorded deed, if there is no actual c onsideration paid or to be paid for the 30
execution of the supplementary instrument. 31

(3) Subsection (b) of this section does not apply in Baltimore City and Anne 32
Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 33
transferring property to the county when the controller or treasurer of the county has 34
certified that the conveyance does not impair the security for any public taxes, assessments, 35
and charges due on the remaining property of the grantor. 36

(4) (i) Property may be transferred on the assessment books or records 37
in July, August, or September if instead of paying the taxes required under subsection (b)(1) 38
of this section on a property transfer by assumption, a lender or the attorney handling the 39
8 SENATE BILL 651

transfer of t itle files with the county treasurer, tax collector, or director of finance of the 1
county in which the property is assessed a statement that certifies that the lender 2
maintains a real estate tax escrow account. 3

(ii) Upon receipt of the statement requir ed in subparagraph (i) of 4
this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 5
the deed an appropriate certification and the endorsement shall be sufficient authority for 6
transfer on the assessment books. 7

(5) (i) Except as provided in subparagraph (ii) of this paragraph, at the 8
time of transfer of real property subject to a semiannual payment schedule for the payment 9
of property taxes, only those semiannual payments that are due for the current taxable 10
year under § 10–204.3 of the Tax – Property Article must be paid prior to the transfer of 11
the property. 12

(ii) The semiannual payments that are due for the current taxable 13
year under § 10–204.3 of the Tax – Property Article are not required to be paid before the 14
transfer of the property if: 15

1. The property is residential real property that is being 16
transferred from the estate of a decedent to an heir or a legatee of the decedent; and 17

2. The heir or legatee of the decedent enters into a payment 18
plan to pay a ll public taxes, assessments, and charges currently due and owed on the 19
property with: 20

A. The county or municipal corporation to which the taxes, 21
assessments, and charges are due; or 22

B. The State Tax Sale Ombudsman. 23

(iii) The collector of taxes for the county or municipal corporation to 24
which the taxes, assessments, or charges are due shall provide the heir or legatee of a 25
decedent to whom property is transferred under subparagraph (ii) of this paragraph with 26
the toll–free telephone number and website address of the State Tax Sale Ombudsman and 27
a brief description of the services and programs available through the Ombudsman’s office. 28

(iv) When an heir or a legatee of a decedent enters into a payment 29
plan with a county, a municipal corporati on, or the State Tax Sale Ombudsman under 30
subparagraph (ii) of this paragraph, the collector of taxes for the county or municipal 31
corporation or the State Tax Sale Ombudsman shall provide the heir or legatee with an 32
affidavit of the payment plan, which the heir or legatee shall provide to the Clerk of the 33
Circuit Court to record an instrument transferring ownership to the heir or legatee. 34

(6) (i) The requirements for payment of real property taxes in 35
subsection (b) of this section do not apply to a grant of land that is subject to a payment 36
plan for property taxes with a county, a municipal corporation, or the State Tax Sale 37
SENATE BILL 651 9

Ombudsman if the grantee enters into an agreement with the county, municipal 1
corporation, or the State Tax Sale Ombudsman to assume the grantor’s obligations under 2
the payment plan. 3

(ii) The collector of taxes for the county or municipal corporation or 4
the State Tax Sale Ombudsman shall provide the grantee with an affidavit of the payment 5
plan, which the grantee shall provide to th e Clerk of the Circuit Court to record an 6
instrument transferring ownership to the grantee. 7

(d) (1) Every deed or other instrument offered for recordation shall have the 8
name of each person typed or printed directly above or below the signature of the person. 9

(2) If a typed or printed name is not provided as required in this subsection, 10
the clerk shall make reasonable efforts to determine the correct name under which the deed 11
or other instrument shall be indexed. 12

(e) (1) (i) Any printed deed or other instrument offered for recordation 13
shall: 14

1. Be printed in not less than 8 point type and in black letters 15
and be on white paper of sufficient weight and thickness to be clearly readable. If the deed 16
or other instrument is wholly typewritten or typewritten on a printed form, the typewriting 17
shall be in black letters, in not less than elite type and on white paper of sufficient weight 18
or thickness as to be clearly readable. The foregoing provisions do not apply to manuscript 19
covers or backs customarily used on documents offered for recordation. The recording 20
charge for any instrument not conforming to these requirements shall be three times the 21
normal amount charged. In any clerk’s office where the deeds or other instruments are 22
scanned, no instrument o n which a rider has been placed or attached in a manner 23
obscuring, hiding, or covering any other part of the instrument may be offered or received 24
for record. No instrument not otherwise readily subject to scanning may be offered or 25
received for record unt il three times the normal recording charge is paid to the clerk and 26
unless an affidavit, black type on white paper, is attached and made a part of the document 27
stating the kind of instrument, the date, the parties to the transaction, description of the 28
property, and all other pertinent data; and 29

2. Include at least a 3–inch margin at the top of the first page 30
and 1–inch margins on the left and right sides of each page of the instrument for official 31
use. 32

(ii) After any document has been recorded in one county, a certified 33
copy of the recorded document may be recorded in any other county. 34

(2) A certified copy of any document from a state, commonwealth, territory, 35
or possession of the United States, or the District of Columbia that would otherwise b e 36
recordable under Maryland law may be recorded in this State, if the document contains: 37

10 SENATE BILL 651

(i) An original certification made by the clerk or other governmental 1
official having responsibility for the certification or authentication of recorded documents 2
in the jurisdiction where the document is recorded; and 3

(ii) An indication of the recording reference and court or other public 4
registry where the original document is recorded. 5

(f) (1) (i) In this paragraph, “under the attorney’s supervision” includ es 6
review of an instrument by the certifying attorney. 7

(ii) A deed other than a mortgage, a deed of trust, an assignment of 8
rents, an assignment of a lease for security purposes, or an assignment or a release of a 9
mortgage or a deed of trust may not be recorded unless it bears: 10

1. The certification of an attorney admitted to the Bar of this 11
State that the instrument has been prepared by the attorney or under the attorney’s 12
supervision; or 13

2. A certification by a party named in the instrument t hat 14
the instrument was prepared by that party. 15

(iii) A mortgage, a deed of trust, an assignment of rents, an 16
assignment of a lease for security purposes, or an assignment or a release of a mortgage or 17
a deed of trust prepared by any attorney or one of the parties named in the instrument may 18
be recorded without the certification required under subparagraph (ii) of this paragraph. 19

(2) Every deed recorded in Prince George’s County shall contain a reference 20
to the election district in which the property described in the deed is located. 21

(3) Every deed or other instrument recorded in Talbot County shall have 22
written, typed, or printed on its back, to be readily visible when folded for filing in the 23
appropriate drawer or file, the name of every party to the deed or other instrument and the 24
nature or character of the instrument. 25

(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 26
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH THE REQUIREMENTS 27
OF TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 28

(II) No deed granting property lying within the boundaries of any 29
sanitary district operated by the County Commissioners of Worcester County may be 30
accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 31
county to indicate that every a ssessment or charge currently due and owed to the county 32
with respect to the property described in the deed has been paid. 33

(5) (I) In Frederick County, if the property to be transferred is a 34
subdivision, which is being dissected from a larger tract of l and, then every public tax, 35
SENATE BILL 651 11

assessment, and charge due on the larger tract shall be paid before the property is 1
transferred on the assessment books or land records. 2

(II) Notwithstanding any other provision of this section, in Frederick 3
County the certificate of the Treasurer and the appropriate municipal tax collector, if the 4
property is within an incorporated town or city, showing that every tax has been paid shall 5
be endorsed on the deed. The endorsement is sufficient authority for transfer on the 6
assessment books or land records. 7

(6) Every deed granting a right –of–way or other easement to a public 8
utility, public agency, or a department or agency of the State shall contain an accurate and 9
definite description as well as a reference to the liber and folio where the servient land was 10
granted and a recitation of the grantors, grantees, and the date of the reference deed. 11

(g) (1) This subsection does not apply to: 12

(i) An assignment of a mortgage or if presented for recordation, an 13
assignment of a deed of trust; 14

(ii) A release of a deed of trust or mortgage; 15

(iii) A substitution of trustees on a deed of trust; 16

(iv) A power of attorney; 17

(v) A financing statement or an amendment, continuation, release, 18
or termination of a financing statement recorded in land records; or 19

(vi) A restrictive covenant modification executed under § 3 –112 of 20
this subtitle. 21

(2) Except as provided in paragraph (1) of this subsection, each deed or 22
other instrument affecting property and presented for recordation shall be: 23

(i) Accompanied by a complete intake sheet, on the form that the 24
Administrative Office of the Courts provides; or 25

(ii) Endorsed as provided under paragraph (8) of this subsection. 26

(3) A complete intake sheet shall: 27

(i) Describe the property by at least one of the following property 28
identifiers: 29

1. The property tax account identification number, if any, or 30
in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 31
from the tax account number; 32
12 SENATE BILL 651

2. The street address, if any; 1

3. If the property is a lot within a subdivided tract, the lot 2
and block designation, or in Baltimore City, the current land record block number; 3

4. If the property is part of a tract that has been subdivided 4
informally and there is neither an assigned tax account identification number for the parcel 5
nor a lot and block designation, then the street address, if any, or the amount of acreage; 6
or 7

5. If the property consists of multiple parcels, the 8
designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 9

(ii) Name each grantor, donor, mortgagor, and assignor and each 10
grantee, donee, mortgagee, and assignee; 11

(iii) State the type of instrument; 12

(iv) State the amount of consideration payable, including the amount 13
of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 14
secured; 15

(v) State the amount of recording charges due, including the land 16
records surcharge and any transfer and recordation taxes; 17

(vi) Identify, by citation or explanation, each claimed exemption from 18
recording taxes; 19

(vii) For an instrument effecting a change in ownership, state a tax 20
bill mailing address; and 21

(viii) Indicate the person to whom the instrument is to be returned. 22

(4) An intake sheet may request any other information that the 23
Administrative Office of the Courts considers necessary in expediting transfers of property 24
or recording and indexing of instruments. 25

(5) A clerk may not charge any fee for recording an intake sheet. 26

(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 27
PARAGRAPH, A clerk may not refuse to record an instrument that does not effect a change 28
of ownership on the assessment books solely because it is not accompanied by an intake 29
sheet. 30

SENATE BILL 651 13

(II) A CLERK MAY REFUSE TO RECORD A TRANSFER–ON–DEATH 1
DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE IF 2
IT IS NOT ACCOMPANIED BY AN INTAKE SHEET. 3

(7) A clerk may refuse to record a deed or instrument that effects a change 4
of ownership on the assessment rolls if the instrument is not accompanied by a complete 5
intake sheet or endorsed as transferred on the assessment books by the assessment office 6
for the county where the property is located. 7

(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 8
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 9
10 OF THIS ARTICLE. 10

(II) If a deed or other instrument that effects a change in ownership 11
is submitted for transfer on the assessment books without an intake sheet, the person 12
offering the deed or other instrument shall mail or deliver to the person having charge of 13
the assessment books the information required on the intake sheet. 14

[(ii)] (III) When property is transferred on the assessment books 15
under this paragraph: 16

1. The transfer shall be to the grantee or assignee named in 17
the deed or other instrument; and 18

2. The person recording the transfer shall evidence the fact 19
of the transfer on the deed or other instrument. 20

[(iii)] (IV) An endorsement under this paragraph is sufficient to 21
authorize the recording of the deed or other instrument by the clerk of the appropriate 22
court. 23

(9) A clerk may not record an instrument that effects a real property lease 24
dealing in natural gas and oil unless the instrument is accompanied by a complete intake 25
sheet. 26

(10) (i) An intake sheet shall be recorde d immediately after the 27
instrument it accompanies. 28

(ii) The intake sheet is not part of the instrument and does not 29
constitute constructive notice as to the contents of the instrument. 30

(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 31
TRANSFER–ON–DEATH DEED. 32

2. The lack of an intake sheet does not affect the validity of 33
any conveyance, lien, or lien priority based on recordation of an instrument. 34
14 SENATE BILL 651

SUBTITLE 10. MARYLAND TRANSFER–ON–DEATH DEED ACT. 1

14–1001. 2

(A) IN THIS SUBTITLE TH E FOLLOWING TERMS HA VE THE MEANINGS 3
INDICATED. 4

(B) “BENEFICIARY” MEANS A PERSON THAT RECEIVES REAL PROPER TY 5
UNDER A TRANSFER–ON–DEATH DEED. 6

(C) “DESIGNATED BENEFICIAR Y” MEANS A PERSON DESIG NATED TO 7
RECEIVE REAL PROPERTY IN A TRANSFER–ON–DEATH DEED. 8

(D) (1) “JOINT OWNER ” MEANS AN INDIVIDUAL WHO OWNS PROPERTY 9
CONCURRENTLY WITH ON E OR MORE OTHER INDI VIDUALS WITH A RIGHT OF 10
SURVIVORSHIP. 11

(2) “JOINT OWNER” INCLUDES: 12

(I) A JOINT TENANT; AND 13

(II) AN OWNER OF COMMUNITY PROPERTY WITH A RIGH T OF 14
SURVIVORSHIP; AND 15

(III) A TENANT BY THE ENTIRETY. 16

(3) “JOINT OWNER” DOES NOT INCLUDE A T ENANT IN COMMON OR 17
OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF SURVIVORSHIP. 18

(E) “PROPERTY” MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THE 19
STATE THAT IS TRANSFERABLE ON THE DEATH OF THE OWNER. 20

(F) “TRANSFEROR” MEANS AN INDIVIDUAL WHO MAKES A 21
TRANSFER–ON–DEATH DEED. 22

(G) “TRANSFER–ON–DEATH DEED ” MEANS A DEED AUTHORI ZED UNDER 23
THIS SUBTITLE. 24

14–1002. 25

THIS SUBTITLE DOES NOT: 26

SENATE BILL 651 15

(1) AFFECT ANY METHOD OF TRANSFERRING PROPERTY OTHERWISE 1
ALLOWED UNDER THE LAWS OF THE STATE; OR 2

(2) LIMIT THE RIGHT OF AN Y PERSON TO MAINTAIN A CIVIL ACTION 3
FOR DAMAGES OR OTHER REMEDIES OTHERWISE A VAILABLE UNDER ANY O THER 4
PROVISION OF LAW. 5

14–1003. 6

(A) AN OWNER OF PROPERTY MAY TRANSFER THE PRO PERTY TO ONE OR 7
MORE BENEFICIARIES E FFECTIVE AT THE TRAN SFEROR’S DEATH BY A 8
TRANSFER–ON–DEATH DEED. 9

(B) (1) A TRANSFER–ON–DEATH DEED THAT DESI GNATES MULTIPLE 10
BENEFICIARIES MAY TR ANSFER OWNERSHIP OF THE PROPERTY TO THE 11
BENEFICIARIES UNDER ANY FORM OF TENANCY INDICATED IN THE 12
TRANSFER–ON–DEATH DEED. 13

(2) IF THE TRANSFER–ON–DEATH DEED DOES NOT INDICATE A FORM 14
OF TENANCY, TITLE TO THE PROPERTY SH ALL BE CONVEYED TO T HE DESIGNATED 15
BENEFICIARIES ON THE DEATH OF THE OWNER O R, IF THERE ARE MULTIPL E 16
OWNERS, ON THE DEATH OF THE LAST SURVIVING OWNER, AS JOINT TENANTS WITH 17
RIGHTS OF SURVIVORSHIP. 18

14–1004. 19

(A) A TRANSFER–ON–DEATH DEED IS NONTESTAMENTARY. 20

(B) A TRANSFER–ON–DEATH DEED IS REVOCA BLE EVEN IF THE DEED OR 21
ANOTHER INSTRUMENT CONTAINS A CONTRARY PROVISION. 22

(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A 23
TRANSFER–ON–DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A 24
WILL. 25

14–1005. 26

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 27
TRANSFER–ON–DEATH DEED SHALL COMPLY WITH § 4–101 OF THIS ARTICLE. 28

(B) A TRANSFER–ON–DEATH DEED SHALL STA TE THAT THE TRANSFER TO 29
THE DESIGNATED BENEFICIARY IS TO OCCUR AT THE TRANSFEROR’S DEATH. 30

16 SENATE BILL 651

14–1006. 1

(A) A TRANSFER–ON–DEATH DEED IS EFFECTIVE IF, PRIOR TO THE DEATH 2
OF THE TRANSFEROR , IT IS RECORDED IN TH E LAND RECORDS OF TH E COUNTY 3
WHERE THE PROPERTY I S LOCATED IN ACCORDA NCE WITH § 3–104 OF THIS 4
ARTICLE. 5

(B) A TRANSFER–ON–DEATH DEED IS EFFECTIVE WITHOUT: 6

(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY A D ESIGNATED 7
BENEFICIARY DURING THE TRANSFEROR’S LIFE; OR 8

(2) CONSIDERATION. 9

14–1007. 10

DURING A TRANSFEROR’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT: 11

(1) AFFECT AN INTEREST OR A RIGHT OF THE TRANS FEROR OR ANY 12
OTHER OWNER , INCLUDING THE RIGHT TO TRANSFER OR ENCUM BER THE 13
PROPERTY; 14

(2) AFFECT AN INTEREST OR A RIGHT OF A TRANSFEREE, EVEN IF THE 15
TRANSFEREE HAS ACTUA L OR CONSTRUCTIVE NO TICE OF THE 16
TRANSFER–ON–DEATH DEED; 17

(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED OR UNSECURED 18
CREDITOR OR FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS 19
ACTUAL OR CONSTRUCTIVE NOTICE OF THE TRANSFER–ON–DEATH DEED; 20

(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BE NEFICIARY’S 21
ELIGIBILITY FOR ANY FORM OF PUBLIC ASSISTANCE; 22

(5) CREATE A LEGAL OR EQU ITABLE INTEREST IN F AVOR OF ANY 23
DESIGNATED BENEFICIARY; OR 24

(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR 25
OF ANY DESIGNATED BENEFICIARY. 26

14–1008. 27

(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION, PRIOR TO THE DEATH 28
OF THE TRANSFEROR , THE TRANSFEROR MAY R EVOKE A PREVIOUSLY R ECORDED 29
SENATE BILL 651 17

TRANSFER–ON–DEATH DEED , OR ANY PART OF THAT RECORDED 1
TRANSFER–ON–DEATH DEED , BY RECORDING IN THE LAND RECORDS OF THE 2
COUNTY IN WHICH THE PROPERTY I S LOCATED , BEFORE THE DEATH OF THE 3
TRANSFEROR, AN EXECUTED AND ACKNOWLEDGED: 4

(1) TRANSFER–ON–DEATH DEED THAT REVOKES THE DEED OR PART 5
OF THE DEED EXPRESSLY OR BY INCONSISTENCY; 6

(2) INSTRUMENT OF REVOCAT ION THAT EXPRESSLY R EVOKES THE 7
DEED OR PART OF THE DEED; OR 8

(3) INTER VIVOS DEED THAT EXPRESSLY REVOKES THE 9
TRANSFER–ON–DEATH DEED OR PART O F THE DEED EXPRESSLY OR BY 10
INCONSISTENCY. 11

(B) AFTER A TRANSFER –ON–DEATH DEED IS RECORD ED, IT MAY NOT BE 12
REVOKED BY: 13

(1) A REVOCATORY ACT ON THE DEED; OR 14

(2) A TESTAMENTARY DOCUMENT EXECUTED BY THE TR ANSFEROR, 15
EVEN IF THE TESTAMEN TARY DOCUMENT IS EXE CUTED AFTER THE DATE OF 16
RECORDATION OF THE TRANSFER–ON–DEATH DEED. 17

(C) IF A TRANSFER –ON–DEATH DEED IS MADE B Y MORE THAN ONE 18
TRANSFEROR: 19

(1) REVOCATION BY A TRANSFEROR DOES NOT AFFECT THE DEED AS 20
TO THE INTEREST OF ANOTHER TRANSFEROR; AND 21

(2) A DEED BY JOINT OWNERS IS REVOKED ONLY IF IT IS REVOKED BY 22
ALL LIVING JOINT OWNERS. 23

(D) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VI VOS 24
TRANSFER OF THE PROPERTY. 25

14–1009. 26

(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER–ON–DEATH 27
DEED OR IN THIS SECTION, THIS SECTION APPLIES ON THE DEATH OF A TRANSFEROR 28
TO PROPERTY THAT IS THE SUBJECT OF A TRA NSFER–ON–DEATH DEED OWNED BY 29
THE TRANSFEROR AT DEATH, SUBJECT TO THE LIMITATIONS UNDER: 30

18 SENATE BILL 651

(I) TITLE 3, SUBTITLE 3 OF THE ESTATES AND TRUSTS 1
ARTICLE (STATUTORY SHARE OF PRETERMITTED CHILD AND ISSUE); 2

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

(III) SECTION 4–105(B)(3) AND (4) OF THE ESTATES AND 5
TRUSTS ARTICLE (REVOCATION BY SUBSEQUENT MARRIAGE FOLLOWED BY A CHILD 6
OR BY DIVORCE); 7

(IV) SECTION 4–403 OF THE ESTATES AND TRUSTS ARTICLE 8
(LAPSE); 9

(V) SECTION 11–112 OF THE ESTATES AND TRUSTS ARTICLE 10
(DISQUALIFICATION FROM INHERITING PROPERTY OR AN INTEREST IN PROPERTY 11
FOR FELONIOUSLY AND INTENTIONALLY KILLIN G, CONSPIRING TO KILL , OR 12
PROCURING THE KILLING OF A DECEDENT); AND 13

(VI) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE 14
(SIMULTANEOUS DEATH). 15

(2) (I) THE INTEREST IN THE P ROPERTY IS TRANSFERR ED TO A 16
DESIGNATED BENEFICIARY IN ACCORDANCE WITH THE TRANSFER–ON–DEATH DEED 17
ON THE DEATH OF THE TRANSFEROR IF THE BE NEFICIARY SURVIVES T HE 18
TRANSFEROR. 19

(II) IF THE DESIGNATED BENEFICIARY DOES NOT SURVIVE THE 20
TRANSFEROR AND THE T RANSFEROR HAS PROVID ED FOR AN ALTERNATE 21
DESIGNATED BENEFICIARY IN THE TRANSFER –ON–DEATH DEED, THE INTEREST IN 22
THE PROPERTY IS TRAN SFERRED TO A SURVIVI NG ALTERNATE DESIGNA TED 23
BENEFICIARY IN ACCOR DANCE WITH THE TRANSFER –ON–DEATH DEED ON THE 24
DEATH OF THE TRANSFEROR. 25

(III) THE INTEREST OF ANY D ESIGNATED BENEFICIAR Y WHO 26
FAILS TO SURVIVE THE TRANSFEROR LAPSES. 27

(IV) A TRANSFER–ON–DEATH DEED MAY PROVI DE FOR 28
SUCCESSIVE ALTERNATE DESIGNATED BENEFICIARIES. 29

(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THIS ARTICLE , A 30
BENEFICIARY TAKES THE PROPERTY TRANSFERRED BY THE TRANSFER–ON–DEATH 31
DEED SUBJECT TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, 32
CONTRACTS, MORTGAGES, LIENS, AND ANY OTHER SECURI TY AGREEMENTS , AS 33
SENATE BILL 651 19

DEFINED IN § 9–102 OF THE COMMERCIAL LAW ARTICLE, THAT THE PROPERTY IS 1
SUBJECT TO AT THE TRANSFEROR’S DEATH. 2

(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE 3
TRANSFER–ON–DEATH DEED IS DEEMED TO HAVE OCCURRED AT THE 4
TRANSFEROR’S DEATH. 5

(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT 6
COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER–ON–DEATH DEED 7
CONTAINS A CONTRARY PROVISION. 8

(D) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MO RE DESIGNATED 9
BENEFICIARIES TO REC EIVE CONCURRENT INTE RESTS IN THE PROPERTY, THE 10
CONCURRENT INTERESTS ARE TRANSFERRED TO T HE BENEFICIARIES AS JOINT 11
TENANTS WITH A RIGHT OF SURVIVORSHIP. 12

(E) (1) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR 13
MORE JOINT OWNERS , THE PROPERTY THAT IS THE SUBJECT OF THE 14
TRANSFER–ON–DEATH DEED BELONGS T O THE SURVIVING JOIN T OWNER OR 15
OWNERS WITH RIGHT OF SURVIVORSHIP. 16

(2) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING 17
JOINT OWNER, THE TRANSFER–ON–DEATH DEED IS EFFECT IVE ON THE DEATH OF 18
THE LAST SURVIVING JOINT OWNER. 19

14–1010. 20

ANY BENEFICIARY MAY D ISCLAIM ALL OR PART OF THE BENEFICIARY ’S 21
INTEREST AS PROVIDED UNDER THE MARYLAND UNIFORM DISCLAIMER OF 22
PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THE ESTATES AND TRUSTS 23
ARTICLE. 24

14–1011. 25

(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM 26
TRANSFER–ON–DEATH DEED PROVIDED IN THIS SECTION. 27

(B) (1) AN INDIVIDUAL MAY EST ABLISH A TRANSFER –ON–DEATH DEED 28
BY EXECUTING, ACKNOWLEDGING, AND RECORDING A FORM TRANSFER–ON–DEATH 29
DEED. 30

(2) THE FORM TRANSFER–ON–DEATH DEED SHALL: 31

20 SENATE BILL 651

(I) BE RECORDED IN ACCORD ANCE WITH THE POLICI ES AND 1
PROCEDURES ESTABLISHED BY THE CLERK OF T HE CIRCUIT COURT BEF ORE THE 2
TRANSFEROR’S DEATH; AND 3

(II) STATE THAT THE TRANSFER TO THE BENEFICIARY OCCURS 4
AT THE TRANSFEROR’S DEATH. 5

(C) THE FOLLOWING FORM MA Y BE USED TO CREATE A 6
TRANSFER–ON–DEATH DEED: 7

“FORM TRANSFER–ON–DEATH DEED 8

NOTICE TO OWNER 9

YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF 10
THIS FORM AND THE “COMMON QUESTIONS ABOUT THE USE OF THIS FORM” 11
DOCUMENT. 12

YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 13

THIS FORM IS FOR CURR ENT PROPERTY OWNERS . IF NOT ALL CURRENT 14
OWNERS ARE SIGNING THIS FORM, YOUR NAME HAS CHANGED SINCE YOU ACQUIRED 15
THE PROPERTY, OR YOU WISH TO NAME MULTIPLE PEOPLE TO OWN THE PROPERTY 16
IN THE FUTURE , CONSULTATION WITH A LAWYER IS STRONGLY A DVISED. USE OF 17
THIS FORM FOR MORE C OMPLEX SITUATIONS TH AN PROVIDED FOR IN T HE FORM 18
MAY HAVE UNINTENDED CONSEQUENCES. 19

THIS FORM MUST BE NOT ARIZED AND RECORDED IN EACH COUNTY (OR 20
BALTIMORE CITY) IN WHICH THE PROPERTY IS LOCATED BEFORE YOUR DEATH, OR 21
IT WILL NOT BE EFFEC TIVE. THE WITNESSES AND NOTARY PUBLIC CANNOT BE 22
RELATIVES OR BENEFIC IARIES OF THE OWNER (S) OR NAMED BENEFICIARI ES A 23
RELATIVE OF ANY BENEFICIARY OR OWNER. 24

PLEASE ATTACH AND RECORD ADDITIONA L PAGES IF THE REQUE STED 25
INFORMATION DOES NOT FIT ON THIS FORM. 26

IDENTIFYING INFORMATION 27

OWNER(S) MAKING THIS DEED: 28

__________________________ ________________________________ 29
PRINTED NAME MAILING ADDRESS 30

_____________________________ _________________________________ 31
SENATE BILL 651 21

PRINTED NAME MAILING ADDRESS 1

LEGAL DESCRIPTION OF THE PROPERTY: 2

____________________________________________________________ 3
_________________________________________________________________ 4
__________________________________________________________________ 5
__________________________________________________________________ 6
__________________________________________________________________ 7

BENEFICIARIES 8

NOTE: IF THIS FORM NAMES MU LTIPLE PRIMARY BENEFICIARIES OR ALTERNATE 9
BENEFICIARIES AND DOES NOT INDICATE A DIFFERENT FORM OF OWNERSHIP, THE 10
PROPERTY WILL BE TRA NSFERRED TO THEM AS JOINT TENANTS WITH R IGHTS OF 11
SURVIVORSHIP. 12

PRIMARY BENEFICIARY OR BENEFICIARIES 13

I DESIGNATE THE FOLLOWING BENEFICIARY IF THE B ENEFICIARY SURVIVES 14
BENEFICIARY OR BENEFICIARIES IF THE BENEFICIARY OR BENEFICIARIES SURVIVE 15
ME. 16

_________________________ _________________________________ 17
PRINTED NAME MAILING ADDRESS, IF AVAILABLE 18

________________________ _________________________________ 19
PRINTED NAME MAILING ADDRESS, IF AVAILABLE 20

ALTERNATE BENEFICIARY – OPTIONAL 21

IF MY PRIMARY BENEFICIARY DOES OR BENEFICIARIES DO NOT SURVIVE ME, 22
I DESIGNATE THE FOLLOW ING ALTERNATE BENEFI CIARY IF THAT BENEFI CIARY 23
SURVIVES ME. 24

_________________________ _________________________________ 25
PRINTED NAME MAILING ADDRESS, IF AVAILABLE 26

TRANSFER ON DEATH 27

AT MY DEATH , I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY TO 28
THE BENEFICIARIES AS DESIGNATED ABOVE. 29

22 SENATE BILL 651

BEFORE MY DEATH, I HAVE THE FULL RIGHT TO REVOKE THIS DEED. 1

SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 2

_________________________ (SEAL) _________________ 3
SIGNATURE DATE 4

_______________________________ 5
PRINTED NAME 6

_________________________ (SEAL) _________________ 7
SIGNATURE DATE 8

_______________________________ 9
PRINTED NAME 10

PREPARER 11

I HEREBY CERTIFY THAT THIS REVOCABLE TRANSFER–ON–DEATH DEED WAS 12
PREPARED BY _______________________, (OWNER/PRIMARY 13
BENEFICIARY/ALTERNATE BENEFICIARY), A PARTY TO THIS INSTRUMENT. 14

SIGNATURE: ____________________________ 15

PRINTED NAME: _________________________ 16

ACKNOWLEDGMENT 17

STATE OF _______________ COUNTY OF ________________ 18

THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 19

___________________________________ 20

SIGNATURE OF NOTARIAL OFFICER 21

TITLE OF OFFICE 22

STAMP 23

MY COMMISSION EXPIRES: ________”. 24

(D) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 25
THE FORM FOR TRANSFER–ON–DEATH DEED: 26
SENATE BILL 651 23

COMMON QUESTIONS ABOUT THE USE OF THIS FORM 1

THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 2
A TRANSFER–ON–DEATH DEED AT THE DEPARTMENT OF LAND 3
RECORDS IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT. 4

SHOULD I CONSULT AN ATTORNEY PRIOR TO COMPLETING THIS FORM? IT IS 5
ALWAYS RECOMMENDED THAT YOU SPEAK WITH A N ATTORNEY BEFORE SIGNING A 6
DEED, AND THIS FORM MAY NOT BE APPROPRIATE FOR ALL CIRCUMSTANCES. THIS 7
FORM MAY NOT BE APPROPRIATE IF YOUR NAME IS NOT ON THE CURRENT DEED TO 8
THE PROPERTY, YOUR CURRENT LEGAL NAME IS DIFF ERENT THAN YOUR NAME ON 9
THE CURRENT DEED, YOU OWN THE PROPERTY WITH OTHER INDIVIDUALS, OR YOU 10
WANT TO NAME MULTIPLE PEOPLE TO INHERIT YOUR PROPERTY TOGETHER. 11

WHAT DOES THE TRANSFER–ON–DEATH DEED DO? WHEN YOU DIE, THIS DEED 12
TRANSFERS T HE DESCRIBED PROPERT Y, SUBJECT TO CERTAIN S ECURITY 13
AGREEMENTS ON THE PROPERTY, SUBJECT TO ANY LIENS, MORTGAGES, OR OTHER 14
ENCUMBRANCES ON THE PROPERTY AT YOUR DEATH. PROBATE IS NOT REQUIRED. 15
THE TRANSFER–ON–DEATH DEED HAS NO EFFECT UNTIL YOU DIE. YOU CAN REVOKE 16
IT AT ANY TIME . YOU ARE ALSO FREE TO TRANSFER THE PROPERTY TO SOMEONE 17
ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE PROPERTY 18
WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. 19

HOW DO I MAKE A TRANSFER –ON–DEATH DEED ? COMPLETE THIS FORM . 20
HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBL IC OR OTHER INDIVIDU AL 21
AUTHORIZED UNDER LAW TO TAKE ACKNOWLEDGME NTS. RECORD THE FORM IN 22
EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE FORM HAS NO 23
EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR DEATH. 24

IS THE “LEGAL DESCRIPTION” OF THE PROPERTY NECESSARY? YES. 25

HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 26
INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN OWNER 27
OF THE PROPERTY AND MAY BE FOUND IN A PARAGRAPH THAT STARTS WITH THE 28
WORDS “BEGINNING” OR “BEING”. THIS INFORMATION MAY ALSO BE AVAILABLE IN 29
THE OFFICE OF THE CL ERK OF THE CIRCUIT C OURT FOR THE COUNTY WHERE THE 30
PROPERTY IS LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. 31

WHAT HAPPENS IF I SELECT MULTIPLE BENEFICIARIES? IF THIS FORM NAMES 32
MULTIPLE PRIMARY AND /OR ALTERNATE BENEFIC IARIES AND YOU DO NO T 33
INDICATE A DIFFERENT FORM OF OWNERSHIP , THE PROPERTY WILL BE 34
TRANSFERRED TO THEM AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. IF YOU 35
24 SENATE BILL 651

ARE NOT SURE WHETHER THIS IS THE APPR OPRIATE OWNERSHIP STRUCTURE FOR 1
YOUR BENEFICIARIES, CONSULT WITH AN ATTORNEY. 2

CAN I CHANGE MY MIND BEFORE I RECORD THE TRANSFER–ON–DEATH DEED? 3
YES. IF YOU HAVE NOT YET R ECORDED THE DEED AND WANT TO CHANGE YOUR 4
MIND, SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED. 5

WHICH CONTROLS AT MY DEATH, MY WILL OR THE TRANSFER–ON–DEATH 6
DEED? THE TRANSFER–ON–DEATH DEED CONTROLS OVER A CONTRARY 7
INSTRUCTION IN A WILL. 8

HOW DO I “RECORD” THE TRANSFER –ON–DEATH DEED ? TAKE THE 9
COMPLETED AND ACKNOW LEDGED FORM TO THE CLERK OF THE CIRCUIT COURT 10
FOR THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS 11
GIVEN BY THE CLERK ’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL 12
PROPERTY RECORDS . IF THE PROPERTY IS IN MORE THAN ONE COUNTY , YOU 13
SHOULD RECORD THE DEED IN EACH COUNTY. 14

DOES A TRANSFER–ON–DEATH DEED HELP AVOID INHERITANCE TAXES? NO. 15
YOUR BENEFICIARY MAY NEED TO PAY INHERITA NCE TAXES AS A RESUL T OF THE 16
TRANSFER–ON–DEATH DEED. IF YOU HAVE QUESTIONS RELATED TO INHERITANCE 17
TAXES, CONSULT A LAWYER. 18

CAN I LATER REVOKE THE TRA NSFER–ON–DEATH DEED IF I CHANGE MY 19
MIND? YES. YOU CAN REVOKE THE TR ANSFER–ON–DEATH DEED . NO ONE , 20
INCLUDING THE BENEFICIARIES, CAN PREVENT YOU FROM REVOKING THE DEED. 21

HOW DO I REVOKE THE TRANSFER–ON–DEATH DEED AFTER IT IS RECORDED? 22
THERE ARE THREE WAYS TO REVOKE A RECORDED TRANSFER–ON–DEATH DEED: (1) 23
COMPLETE AND ACKNOWLE DGE A REVOCATION FOR M, AND RECORD IT IN EAC H 24
COUNTY WHERE THE PROPERTY IS LOCATED. (2) COMPLETE AND ACKNOWLEDGE A 25
NEW TRANSFER–ON–DEATH DEED THAT DISP OSES OF THE SAME PROPERTY, AND 26
RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED. (3) TRANSFER THE 27
PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A RECORDED DEED THAT 28
EXPRESSLY REVOKES THE TRANSFER–ON–DEATH DEED. YOU MAY NOT REVOKE THE 29
TRANSFER–ON–DEATH DEED BY WILL. 30

I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO 31
NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 32
FAMILY MEMBER, FRIEND, OR LAWYER. 33

DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TRANSFER–ON–DEATH 34
DEED? NO, BUT IT IS STRONGLY RECOMMENDED. SECRECY NON–DISCLOSURE CAN 35
SENATE BILL 651 25

CAUSE LATER COMPLICA TIONS AND MIGHT MAKE IT EASIER FOR OTHERS TO 1
COMMIT FRAUD. 2

COULD A TRANSFER–ON–DEATH DEED I RECORD TODAY BE AFFE CTED IF I 3
DIVORCE LATER OR GET MARRIED AND HAVE CHI LDREN? YES. IF YOU CREATE A 4
TRANSFER–ON–DEATH DEED THAT NAMES YOUR SPOUSE AS THE BENEFI CIARY 5
WHILE YOU ARE MARRIE D AND YOU LATER DIVO RCE OR YOUR MARRIAGE IS 6
ANNULLED, THE TRANSFER–ON–DEATH DEED WILL BE CONSIDER ED TO BE 7
AUTOMATICALLY REVOKE D. ADDITIONALLY, IF YOU RECORD A 8
TRANSFER–ON–DEATH DEED NAMING ANY BENEF ICIARY AND LATER MAR RY AND 9
HAVE CHILDREN WITH Y OUR FUTURE SPOUSE BY BIRTH, ADOPTION, OR 10
LEGITIMATION, YOUR TRANSFER–ON–DEATH DEED WILL BE CONSIDER ED TO BE 11
AUTOMATICALLY REVOKED. 12

AS A BENEFICIARY , WHAT DO I DO ONCE THE OWNER HAS DIED ? YOU WILL 13
AUTOMATICALLY RECEIVE THE PROPERTY WHEN THE OWNER DIES , UNLESS YOU 14
FOLLOW MARYLAND’S PROCEDURE TO DISCL AIM YOUR INTEREST . YOU MAY WISH 15
TO EXECUTE AND RECORD A TRANSFER–ON–DEATH NOTIFICATION OF DEATH FORM 16
TO SHOW THAT YOU ARE NOW THE RIGHTFUL OWNER OF THE PROPERTY. 17

I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 18
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 19
QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.”. 20

14–1012. 21

(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FORM PROVIDED UNDER 22
THIS SECTION , OR ANY OTHER INSTRUM ENT USED TO REVOKE A 23
TRANSFER–ON–DEATH DEED. 24

(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 25
REVOCATION UNDER THIS SUBTITLE: 26

“REVOCATION OF A TRANSFER–ON–DEATH DEED 27

NOTICE TO OWNER 28

THIS REVOCATION MUST BE RECORDED IN EACH COUNTY (OR BALTIMORE 29
CITY) IN WHICH THE PROPERT Y IS LOCATED BEFORE YOU DIE OR IT WILL N OT BE 30
EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 31
PROPERTY OF THE OWNER WHO SIGNS THIS REVOCATION. 32

IDENTIFYING INFORMATION 33
26 SENATE BILL 651

OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION: 1

_____________________________ _____________________________ 2
PRINTED NAME MAILING ADDRESS 3

_____________________________ _____________________________ 4
PRINTED NAME MAILING ADDRESS 5

LEGAL DESCRIPTION OF THE PROPERTY: 6

____________________________________________________________ 7
____________________________________________________________ 8
____________________________________________________________ 9
____________________________________________________________ 10
____________________________________________________________ 11

REVOCATION 12

I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 13
TRANSFER–ON–DEATH DEED. 14

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 15

_______________________________ (SEAL) _______________ 16
SIGNATURE DATE 17

_______________________________ 18
PRINTED NAME 19

_______________________________ (SEAL) _______________ 20
SIGNATURE DATE 21

_______________________________ 22
PRINTED NAME 23

ACKNOWLEDGMENT 24

STATE OF ____________ COUNTY OF ______________ 25

THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 26

___________________________________ 27

SENATE BILL 651 27

SIGNATURE OF NOTARIAL OFFICER 1

TITLE OF OFFICE 2

STAMP 3

MY COMMISSION EXPIRES: ________ 4

COMMON QUESTIONS ABOUT USE OF THIS FORM 5

THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 6
REVOCATION OF A TRANSFER–ON–DEATH DEED AT THE OFFICE OF 7
LAND RECORDS. 8

HOW DO I USE THIS FORM TO REV OKE A RECORDED FORM 9
TRANSFER–ON–DEATH DEED OR OTHER TRANSFER–ON–DEATH DEED? COMPLETE 10
THIS REVOCATION FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR 11
OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS . 12
RECORD TH E FORM IN THE LAND R ECORDS OF EACH COUNT Y WHERE THE 13
PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDE D 14
BEFORE YOUR DEATH OR IT HAS NO EFFECT. 15

HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 16
INFORMATION MAY BE O N THE TRANSFER –ON–DEATH DEED . IT MAY ALSO BE 17
AVAILABLE IN THE LAN D RECORDS FOR THE CO UNTY WHERE THE PROPE RTY IS 18
LOCATED. IF YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER. 19

HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 20
ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE COUNTY 21
WHERE THE PROPERTY I S LOCATED . FOLLOW THE INSTRUCTIO NS GIVEN BY THE 22
CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY RECORDS. 23
IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD RECORD 24
THE FORM IN EACH OF THOSE COUNTIES. 25

I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? DO 26
NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 27
FAMILY MEMBER, FRIEND, OR LAWYER. 28

I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 29
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 30
QUESTIONS, CONSULT A LAWYER.”. 31

14–1013. 32
28 SENATE BILL 651

(A) (1) ON THE DEATH OF A TRA NSFEROR, A BENEFICIARY OR THE 1
BENEFICIARIES OF A T RANSFER–ON–DEATH DEED MAY RECOR D NOTICE OF THE 2
DEATH OF A TRANSFERO R IN THE LAND RECORDS OF THE COUNT Y IN WHICH THE 3
PROPERTY IS LOCATED. 4

(2) NOTICE OF THE DEATH O F THE TRANSFEROR IS NOT REQUIRED 5
TO EFFECTUATE THE TR ANSFER OF THE PROPER TY, WHICH IS DEEMED TO H AVE 6
OCCURRED AT THE DEATH OF THE TRANSFEROR. 7

(3) THE CLERK OF THE COUR T SHALL FORWARD NOTIFI CATION OF 8
THE DEATH OF A TRANS FEROR TO THE MARYLAND STATE DEPARTMENT OF 9
ASSESSMENTS AND TAXATION IN THE SAME MANNER AS A DEED OR A LEASE. 10

(B) THE FOLLOWING FORM MA Y BE USED AND RECORD ED UNDER 11
SUBSECTION (A) OF THIS SECTION TO P ROVIDE NOTICE OF THE DEATH OF A 12
TRANSFEROR: 13

“TRANSFER–ON–DEATH DEED NOTIFICATION OF DEATH 14

THE UNDERSIGNED HEREBY AFFIRMS, UNDER THE PENALTIES OF PERJURY, 15
THAT THE FOLLOWING IS TRUE REGARDING A TRANSFER–ON–DEATH DEED (TODD) 16
RECORDED ON THE SUBJECT PROPERTY: 17

NAME OF TRANSFEROR(S): ____________________________________________ 18

RECORDING REFERENCE OF TODD: 19

BOOK/LIBER NUMBER: _______, PAGE/FOLIO: _______, DATED THE ___ DAY OF 20
____________, 20___, AND RECORDED AMONG T HE LAND RECORDS OF 21
____________________ CITY/COUNTY. 22

COMPLETE ADDRESS OF S UBJECT PROPERTY AS I T APPEARS IN RECORDS OF 23
MARYLAND STATE DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT): 24
_________________________________________________________________________ 25
_________________________________________________________________________ 26

SDAT TAX IDENTIFICATION NUMBER: _______________________________________ 27
NOTE: THE INFORMATION ABOVE MAY BE AVAILABLE ON SDAT’S WEBSITE. 28

TODD TRANSFEROR INFORMATION 29

DATE OF TRANSFEROR’S DEATH: ___________________________ 30

SENATE BILL 651 29

STATE WHERE DEATH CERTIFICATE ISSUED: ______________________ 1

DEATH CERTIFICATE FILE OR REGISTRATION NUMBER: _____________________ 2

TODD BENEFICIARY INFORMATION 3

NAME OF BENEFICIARY O R BENEFICIARIES IDEN TIFIED ON TODD: 4
____________________________________________________________________________5
________________________________________________________________________ 6

MAILING ADDRESS OF BE NEFICIARY WHO WILL B E RESPONSIBLE FOR RE AL 7
PROPERTY TAXES: 8
____________________________________________________________________________9
________________________________________________________________________ 10

RELATIONSHIP(S) OF BENEFICIARY OR BE NEFICIARIES TO TRANS FEROR: 11
____________________________________________________________________________12
________________________________________________________________________ 13

IF A BENEFICIARY OR B ENEFICIARIES DIED AF TER THE TRANSFEROR ’S DEATH , 14
PROVIDE THE DATE OF DEATH, DEATH CERT IFICATE STATE AND 15
FILE/REGISTRATION NUMBER HERE. IF THE BENEFICIARY OR BENEFICIARIES DIED 16
PRIOR TO THE TRANSFE ROR, THEIR INTEREST IN TH E PROPERTY HAS LAPSE D. 17
____________________________________________________________________________18
___________ 19

BENEFICIARY SIGNATURE: __________________________ 20
DATE: ______________________________ 21

BENEFICIARY SIGNATURE: __________________________ 22
DATE: ______________________________ 23

ACKNOWLEDGMENT 24

STATE OF ____________ COUNTY OF ______________ 25

THIS RECORD WAS ACKNOWLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 26

___________________________________ 27

SIGNATURE OF NOTARIAL OFFICER 28

TITLE OF OFFICE 29

30 SENATE BILL 651

STAMP 1

MY COMMISSION EXPIRES: ________ 2

CERTIFICATION OF OCCUPANCY STATUS 3

SELECT ONE OF THE BEL OW OPTIONS THAT CORR ECTLY DESCRIBES THE 4
PROPERTY’S OCCUPANCY STATUS: 5

OPTION ONE: 6

____ NONE OF THE BENEFICIA RIES INHERITING THE SUBJECT PROPERTY UND ER 7
THE DEED REFERENCED IN THIS NOTIFICATION LIVE AT THIS PROPERTY AS THEIR 8
PRINCIPAL RESIDENCE. 9

OR 10

OPTION TWO: 11

____ AT LEAST ONE OF THE B ENEFICIARIES INHERITING THE SUBJECT PROP ERTY 12
UNDER THE DEED REFERENCED IN THIS NOTIFICATION LIVES AT THIS PROPERTY AS 13
THEIR PRINCIPAL RESIDENCE. 14

IF YOU SELECTED OPTIO N TWO AND YOU ARE TH E BENEFICIARY OCCUPYING THE 15
PROPERTY, PLEASE COMPLETE THE FOLLOWING: 16

I, ______________________ (PRINT NAME), DO HEREBY CERTIFY AN D AFFIRM UNDER 17
THE PENALTIES OF PER JURY THAT I CURRENTLY LIVE AT AND WILL CONTINUE TO 18
LIVE AT THE ABOVE –REFERENCED PROPERTY , FOLLOWING THE RECORDING OF 19
THIS NOTIFICATION. I SHALL OCCUPY THE PROPERTY AS MY PRINCIPAL RESIDENCE 20
FOR AT LEAST 7 OF THE NEXT 12 MONTHS. 21

_______________________________________ 22
SIGNATURE”. 23

14–1014. 24

THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 25
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 26
SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 27
101(C) OF THAT ACT , 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 28
DELIVERY OF ANY OF THE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15 29
U.S.C. SECTION 7003(B). 30

SENATE BILL 651 31

Article – Tax – Property 1

12–108. 2

(II) A REAL PROPERTY TRANSF ER–ON–DEATH DEED UNDER TITLE 14 OF 3
THE REAL PROPERTY ARTICLE IS NOT SUBJEC T TO RECORDATION TAX IF THE 4
PROPERTY IS A PRIMAR Y RESIDENCE OR A SECONDARY RESIDENCE OF THE 5
TRANSFEROR. 6

13–207. 7

(a) An instrument of writing is not subject to transfer tax to the same extent that 8
it is not subject to recordation tax under: 9

(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 10
in bankruptcy); [or] 11

(26) § 12–108(hh) of this article (Transfer of real property within the Pimlico 12
racing facility site, Pimlico site, Bowie Race Course Training Center property, or training 13
facility site); OR 14

(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY 15
TRANSFER–ON–DEATH DEED). 16

13–414. 17

AN INSTRUMENT OF WRIT ING THAT IS EXEMPT F ROM RECORDATION TAX 18
UNDER § 12–108(II) OF THIS ARTICLE (REAL PROPERTY TRANSF ER–ON–DEATH 19
DEED) IS NOT SUBJECT TO COUNTY TRANSFER TAX. 20

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be interpreted 21
and enforced by a court in accordance with existing law governing life estates with powers 22
of alienation, to the extent practicable and so long as the interpretation and enforcement 23
does not conflict with the un iform application of the Uniform Real Property Transfer on 24
Death Act promulgated by the Uniform Law Commission. 25

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 26
transfer–on–death deed that was made before, on, or after the effective d ate of this Act by 27
a transferor who dies on or after the effective date of this Act. 28

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2026. 30