Beginning October 1, 2026, Maryland homeowners may use a new estate-planning tool: the transfer-on-death deed. A properly prepared and recorded deed can name who will receive Maryland real estate when the owner dies, without giving the beneficiary an ownership interest during the owner’s lifetime.
Maryland’s transfer-on-death deed law becomes available on October 1, 2026. From that date forward, an owner of eligible Maryland real property may execute and record a deed stating that the property will transfer to a named beneficiary when the owner dies.
The law does not automatically change anyone’s deed. A homeowner must make a deliberate choice, prepare a legally sufficient instrument, and record it in Maryland Land Records. Until the owner dies, the beneficiary has no present ownership rights.
A transfer-on-death deed—often called a TOD deed or TODD—creates a future transfer that occurs at death. The owner keeps the right to live in, sell, refinance, mortgage, or otherwise control the property. The owner may also revoke the designation or record a replacement deed.
When the owner dies, the beneficiary receives the property under the recorded deed rather than through the owner’s will. That can avoid probate for the property, although mortgages, liens, easements, and other enforceable title matters remain attached.
Many homeowners want to keep complete control of their property during life while making the transfer at death easier for their loved ones. A TOD deed may accomplish both goals. It can avoid the delay and expense of probate for the property and does not require the beneficiary to join in a later sale or refinancing while the owner is alive.
The deed may be especially attractive to an owner whose home is a major asset and whose intended transfer is straightforward. It can also name an alternate beneficiary or, when properly drafted, the trustee of an existing living trust.
Signing the document is not enough. The deed must be recorded in Maryland Land Records while the owner is living. A signed deed left in a desk, safe, or attorney’s file will not produce the intended transfer if the owner dies before recording is completed.
Timing matters because a deed may need to pass through a county or Baltimore City finance office before it reaches land records. Homeowners should not wait until a health crisis to begin the process. The legal description, beneficiary information, execution formalities, and intake sheet should all be checked carefully before submission.
Maryland’s transfer-on-death deed law becomes available October 1, 2026. A deed must be properly prepared and recorded after the law takes effect.
No. The transfer-on-death deed must be recorded in Maryland Land Records before the owner dies. A signed but unrecorded deed does not complete the transfer.
No. Joint ownership, multiple beneficiaries, disability planning, liens, taxes, or broader estate-planning goals may make a trust, life estate deed, or another strategy more appropriate.
A transfer-on-death deed can look simple, but a mistake in ownership, beneficiary language, execution, or recording can defeat the plan. Right Size Law can help you determine whether the new deed fits your estate plan and prepare the documents needed to carry out your wishes.
David Jonathan Taylor is a Certified Elder Law Attorney and the founder of Right Size Law PLLC. He helps clients coordinate Maryland, Washington, DC, and Virginia real estate with their estate plans, trusts, and long-term goals.
