Updated September 4, 2026. Quick answer: Maryland’s transfer-on-death deed does not exist yet. Governor Wes Moore signed SB 651 and HB 738 as 2026 Md. Laws ch. 750 on May 26, 2026, passing 43 to 0 in the Senate and 133 to 0 in the House, but the new Real Property sections 14-1001 through 14-1014 do not take effect until October 1, 2026, roughly four weeks from today. Once effective, multiple beneficiaries default to joint tenants with right of survivorship, and the deed is exempt from recordation and county transfer tax on a primary or secondary residence.
The deed becomes law on October 1, 2026, not before
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.
Source: 2026 Md. Laws ch. 750, Section 4
This is read directly from the enrolled chapter law on the Maryland General Assembly’s own site. The Act also applies retroactively to a transfer-on-death deed made before, on, or after the effective date, as long as the transferor dies on or after October 1, 2026.
Multiple beneficiaries default to survivorship, not equal shares
If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the concurrent interests are transferred to the beneficiaries as joint tenants with a right of survivorship.
Source: Md. Code Ann., Real Property section 14-1009(d), effective October 1, 2026
States like Alaska and Hawaii give co-beneficiaries equal undivided shares with no survivorship right, so if one dies their share passes to their own heirs. Maryland instead makes co-beneficiaries joint tenants by default, so a deceased co-beneficiary’s share passes automatically to the surviving named beneficiaries unless the deed says otherwise.
A later will cannot undo a recorded deed
After a transfer-on-death deed is recorded, it may not be revoked by: (1) a revocatory act on the deed; or (2) a testamentary document executed by the transferor, even if the testamentary document is executed after the date of recordation of the transfer-on-death deed.
Source: Real Property section 14-1008(b), effective October 1, 2026
Maryland spells this out more explicitly than most states: a will written after the deed was recorded does not revoke it. Revocation has to follow the deed statute’s own procedure, by recording a new deed or an instrument of revocation before death.
Exempt from recordation and county transfer tax on a primary or secondary residence
A real property transfer-on-death deed under Title 14 of the Real Property Article is not subject to recordation tax if the property is a primary residence or a secondary residence of the transferor.
Source: Tax-Property section 12-108(ii), effective October 1, 2026
The tax break only covers a primary or secondary residence, so an investment or rental property that is neither of those does not get the exemption. Recording a Maryland TOD deed also skips the usual intake sheet and assessment-office endorsement steps required for ordinary deeds.
What a transfer on death deed does not do
- Does not exist as a legal instrument in Maryland until October 1, 2026, so a deed signed and recorded today has no effect unless the owner survives to that date.
- Moves one parcel, not an estate, and is not a substitute for a will covering other assets.
- Does not take effect until death, so the owner keeps full control to sell, mortgage or revoke beforehand.
- Does not clear debts. The beneficiary takes the property subject to conveyances, mortgages and liens in place at the transferor’s death.
Honest gaps
We read the Maryland General Assembly’s own bill-status page for SB 651 and the full enrolled Chapter 750 PDF directly from mgaleg.maryland.gov this session, including all of new Real Property sections 14-1001 through 14-1014 and the enactment, retroactivity and effective-date clauses. We did not read the full amended Estates and Trusts sections 9-209 and 9-212 disclaimer-delivery language beyond the excerpt quoted in the enrolled act.
Source note. Read from https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0651?ys=2026RS ; https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_750_sb0651t.pdf on 2026-09-04.
Related: transfer on death deeds by state · how it compares with a living trust · what it actually avoids.
General information drawn from state statutes and official state or court forms, not legal advice. These instruments are governed by the law of the state where the property sits, and formalities differ from state to state; execution, witnessing and recording requirements are the parts that void a document when they are missed. Your own state’s current statute governs. We are not a law firm and this is not legal advice.