Maryland 2022 Regular Session

Maryland House Bill HB1270 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1270
6	6
7	7	HOUSE BILL 1270
8	8	N2, N1 2lr0779
9	9	CF SB 853
10	10	By: Delegates Hill and Carr
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Maryland Real Property Transfer–on–Death (TOD) Act 2
19	19
20	20	FOR the purpose of altering the Maryland Uniform Disclaimer of Property Interests Act to 3
21	21	provide for the disclaimer of nonprobate transfers at death; providing for the 4
22	22	creation, revocation, recordation, and effects of a transfer–on–death deed for real 5
23	23	property; requiring the Administrative Office of the Courts to develop an 6
24	24	informational sheet regarding transfer–on–death deeds for use at courthouses and 7
25	25	on the website for the Maryland courts; providing example forms for the creation and 8
26	26	revocation of a transfer–on–death deed; altering certain recording requirements for 9
27	27	the clerks of the circuit court; exempting a transfer–on–death deed from certain 10
28	28	property transfer taxes; providing for the interpretation of this Act; providing for the 11
29	29	retroactive application of this Act to transfer–on–death deeds executed prior to the 12
30	30	effective date of this Act; and generally relating to transfer–on–death deeds. 13
31	31
32	32	BY repealing and reenacting, with amendments, 14
33	33	Article – Estates and Trusts 15
34	34	Section 9–209 and 9–212 16
35	35	Annotated Code of Maryland 17
36	36	(2017 Replacement Volume and 2021 Supplement) 18
37	37
38	38	BY adding to 19
39	39	Article – Estates and Trusts 20
40	40	Section 16.5–101 through 16.5–601 to be under the new title “Title 16.5. Maryland 21
41	41	Real Property Transfer–on–Death (TOD) Act” 22
42	42	Annotated Code of Maryland 23
43	43	(2017 Replacement Volume and 2021 Supplement) 24
44	44
45	45	BY repealing and reenacting, with amendments, 25
46	46	Article – Real Property 26
47	47	Section 3–104 27
48	48	Annotated Code of Maryland 28 2 HOUSE BILL 1270
49	49
50	50
51	51	(2015 Replacement Volume and 2021 Supplement) 1
52	52
53	53	BY adding to 2
54	54	Article – Tax – Property 3
55	55	Section 12–108(ii), 13–207(a)(27), and 13–414 4
56	56	Annotated Code of Maryland 5
57	57	(2019 Replacement Volume and 2021 Supplement) 6
58	58
59	59	BY repealing and reenacting, with amendments, 7
60	60	Article – Tax – Property 8
61	61	Section 13–207(a)(25) and (26) 9
62	62	Annotated Code of Maryland 10
63	63	(2019 Replacement Volume and 2021 Supplement) 11
64	64
65	65	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66	66	That the Laws of Maryland read as follows: 13
67	67
68	68	Article – Estates and Trusts 14
69	69
70	70	9–209. 15
71	71
72	72	(a) IN THIS SECTION , “BENEFICIARY DESIGNAT ION” MEANS AN 16
73	73	INSTRUMENT , OTHER THAN AN INSTRUM ENT CREATING A TRUST , NAMING THE 17
74	74	BENEFICIARY OF : 18
75	75
76	76	(1) AN ANNUITY OR INSURAN CE POLICY; 19
77	77
78	78	(2) AN ACCOUNT WITH A DES IGNATION FOR PAYMENT ON DEATH; 20
79	79
80	80	(3) A SECURITY REGISTERED IN BENEFICIARY FORM ; 21
81	81
82	82	(4) A PENSION, PROFIT–SHARING, RETIREMENT , OR OTHER 22
83	83	EMPLOYMENT –RELATED BENEFIT PLAN ; OR 23
84	84
85	85	(5) ANY OTHER NONPROBATE TRANSFER AT DEATH . 24
86	86
87	87	(B) Subject to subsections [(b)] (C) through [(k)] (L) of this section, delivery of a 25
88	88	disclaimer may be effected by personal delivery, first–class mail, or any other method likely 26
89	89	to result in its receipt. 27
90	90
91	91	[(b)] (C) In the case of an interest created under the law of intestate succession 28
92	92	or an interest created by will, other than an interest in a testamentary trust: 29
93	93
94	94	(1) A disclaimer shall be delivered to the personal representative for the 30
95	95	decedent’s estate; or 31
96	96	HOUSE BILL 1270 3
97	97
98	98
99	99	(2) If there is no personal representative, it shall be filed with a court 1
100	100	having jurisdiction to appoint the personal representative. 2
101	101
102	102	[(c)] (D) In the case of an interest in a testamentary trust: 3
103	103
104	104	(1) A disclaimer shall be delivered to the trustee, or if no trustee is then 4
105	105	serving, to the personal representative of the decedent’s estate; or 5
106	106
107	107	(2) If there is no personal representative, it shall be filed with a court 6
108	108	having jurisdiction to enforce the trust. 7
109	109
110	110	[(d)] (E) (1) In the case of an interest in an inter vivos trust, a disclaimer 8
111	111	shall be delivered to the trustee. 9
112	112
113	113	(2) If there is no trustee, it shall be filed with a court having jurisdiction to 10
114	114	enforce the trust. 11
115	115
116	116	(3) If the disclaimer is made before the time the instrument creating the 12
117	117	trust becomes irrevocable, it shall be delivered to the settlor of a revocable trust or the 13
118	118	transferor of the interest. 14
119	119
120	120	[(e)] (F) In the case of an interest created by a beneficiary designation [made] 15
121	121	THAT IS DISCLAIMED before [the time] the designation becomes irrevocable, [a] THE 16
122	122	disclaimer shall be delivered to the person making the beneficiary designation. 17
123	123
124	124	[(f)] (G) In the case of an interest created by a beneficiary designation [made] 18
125	125	THAT IS DISCLAIMED after [the time] the designation becomes irrevocable[, a]: 19
126	126
127	127	(1) THE disclaimer shall be delivered to the person obligated to distribute 20
128	128	the interest; AND 21
129	129
130	130	(2) THE DISCLAIMER OF AN INTEREST IN REAL PRO PERTY MUST BE 22
131	131	RECORDED IN THE PUBL IC LAND RECORDS OF T HE COUNTY WHERE THE REAL 23
132	132	PROPERTY THAT IS THE SUBJECT OF THE DISCL AIMER IS LOCATED . 24
133	133
134	134	[(g)] (H) In the case of a disclaimer by a surviving holder of jointly held property, 25
135	135	the disclaimer shall be delivered to the person to whom the disclaimed interest passes. 26
136	136
137	137	[(h)] (I) In the case of a disclaimer by an object or taker in default of exercise of 27
138	138	a power of appointment at any time after the power was created: 28
139	139
140	140	(1) The disclaimer shall be delivered to the holder of the power or to the 29
141	141	fiduciary acting under the instrument that created the power; or 30
142	142
143	143	(2) If there is no fiduciary, it shall be filed with a court having authority to 31
144	144	appoint the fiduciary. 32 4 HOUSE BILL 1270
145	145
146	146
147	147
148	148	[(i)] (J) In the case of a disclaimer by an appointee of a nonfiduciary power of 1
149	149	appointment: 2
150	150
151	151	(1) The disclaimer shall be delivered to the holder, the personal 3
152	152	representative of the holder’s estate, or to the fiduciary under the instrument that created 4
153	153	the power; or 5
154	154
155	155	(2) If there is no fiduciary, it shall be filed with a court having authority to 6
156	156	appoint the fiduciary. 7
157	157
158	158	[(j)] (K) In the case of a disclaimer by a fiduciary of a power over a trust or 8
159	159	estate, the disclaimer shall be delivered as provided in subsection [(b), (c), or (d)] (C), (D), 9
160	160	OR (E) of this section as if the power disclaimed were an interest in property. 10
161	161
162	162	[(k)] (L) In the case of a disclaimer of a power by an agent, the disclaimer shall 11
163	163	be delivered to the principal or the principal’s representative. 12
164	164
165	165	9–212. 13
166	166
167	167	(a) If an instrument transferring an interest in or power over property subject to 14
168	168	a disclaimer is required or permitted by law to be filed, recorded, or registered, the 15
169	169	disclaimer may be filed, recorded, or registered. 16
170	170
171	171	(b) [Failure] EXCEPT AS PROVIDED UN DER § 9–209(G)(2) OF THIS 17
172	172	SUBTITLE, FAILURE to file, record, or register the disclaimer does not affect its validity. 18
173	173
174	174	TITLE 16.5 MARYLAND REAL PROPERTY TRANSFER–ON–DEATH (TOD) ACT. 19
175	175
176	176	SUBTITLE 1. GENERAL PROVISIONS. 20
177	177
178	178	16.5–101. 21
179	179
180	180	(A) IN THIS TITLE THE FOL LOWING TERMS HAVE TH E MEANINGS 22
181	181	INDICATED. 23
182	182
183	183	(B) “BENEFICIARY” MEANS AN INDIVIDUAL WHO RECEIVES REAL 24
184	184	PROPERTY UNDER A TRANSFER–ON–DEATH DEED. 25
185	185
186	186	(C) “DESIGNATED BENEFICIAR Y” MEANS AN INDIVIDUAL DESIGNATED TO 26
187	187	RECEIVE REAL PROPERTY IN A TRANSFER–ON–DEATH DEED. 27
188	188
189	189	(D) (1) “FIDUCIARY” HAS THE MEANING STAT ED UNDER § 15–101 OF THIS 28
190	190	ARTICLE. 29
191	191	HOUSE BILL 1270 5
192	192
193	193
194	194	(2) “FIDUCIARY” INCLUDES AN ATTORNEY IN FACT. 1
195	195
196	196	(E) “PROPERTY” MEANS AN INTEREST IN REAL PROPERTY LOCATE D IN THE 2
197	197	STATE THAT IS TRANSFERABLE ON T HE DEATH OF THE OWNE R. 3
198	198
199	199	(F) “TRANSFER–ON–DEATH DEED ” MEANS A DEED AUTHORI ZED UNDER 4
200	200	THIS TITLE. 5
201	201
202	202	(G) “TRANSFEROR ” MEANS AN INDIVIDUAL WHO MAKES A 6
203	203	TRANSFER–ON–DEATH DEED. 7
204	204
205	205	16.5–102. 8
206	206
207	207	THIS TITLE DOES NOT : 9
208	208
209	209	(1) AFFECT ANY METHOD OF TRANSFERRING PROPERT Y OTHERWISE 10
210	210	ALLOWED UNDER THE LAWS OF TH E STATE; 11
211	211
212	212	(2) LIMIT THE RIGHT OF AN Y PERSON TO MAINTAIN A CIVIL ACTION 12
213	213	FOR DAMAGES OR OTHER REMEDIES OTHERWISE A VAILABLE UNDER ANY OTHER 13
214	214	PROVISION OF LAW ; OR 14
215	215
216	216	(3) APPLY TO PROPERTY THAT IS HELD AS JOINT TENAN TS, TENANTS 15
217	217	IN COMMON, OR TENANTS BY THE EN TIRETY. 16
218	218
219	219	16.5–103. 17
220	220
221	221	AN INDIVIDUAL SOLE OWNER OF PROPER TY MAY TRANSFER THE PROPERTY 18
222	222	TO ONE OR MORE BENEF ICIARIES EFFECTIVE AT THE TRANSFEROR ’S DEATH BY A 19
223	223	PROPERTY TRANSFER–ON–DEATH DEED. 20
224	224
225	225	16.5–104. 21
226	226
227	227	(A) A TRANSFER–ON–DEATH DEED IS NONTES TAMENTARY . 22
228	228
229	229	(B) A TRANSFER–ON–DEATH DEED IS REVOCA BLE BY A TRANSFEROR EVEN 23
230	230	IF THE DEED OR OTHER INSTRUMENT CONTAINS A CONTRARY PROVISION . 24
231	231
232	232	(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A 25
233	233	TRANSFER–ON–DEATH DEED IS THE SA ME AS THE CAPACITY R EQUIRED TO MAKE A 26
234	234	WILL. 27
235	235	6 HOUSE BILL 1270
236	236
237	237
238	238	SUBTITLE 2. ELEMENTS, RECORDATION , AND EFFECT DURING LIFE OF 1
239	239	TRANSFEROR . 2
240	240
241	241	16.5–201. 3
242	242
243	243	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 4
244	244	TRANSFER–ON–DEATH DEED SHALL COMPLY WITH § 4–101 OF THE REAL PROPERTY 5
245	245	ARTICLE. 6
246	246
247	247	(B) A TRANSFER–ON–DEATH DEED SHALL STA TE THAT THE TRANSFER TO 7
248	248	THE DESIGNATED BENEF ICIARY IS TO OCCUR A T THE TRANSFEROR ’S DEATH. 8
249	249
250	250	16.5–202. 9
251	251
252	252	(A) A TRANSFER–ON–DEATH DEED IS EFFECT IVE IF, PRIOR TO THE DEATH 10
253	253	OF THE TRANSFEROR , IT IS RECORDED IN THE PUBLIC LAND R ECORDS OF THE 11
254	254	COUNTY WHERE THE PROPERTY I S LOCATED IN ACCORDANCE WITH § 3–104 OF THE 12
255	255	REAL PROPERTY ARTICLE. 13
256	256
257	257	(B) A TRANSFER–ON–DEATH DEED IS EFFECTIVE WI THOUT: 14
258	258
259	259	(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED 15
260	260	BENEFICIARY DURING T HE TRANSFEROR ’S LIFE; OR 16
261	261
262	262	(2) CONSIDERATION . 17
263	263
264	264	16.5–203. 18
265	265
266	266	DURING A TRANSFEROR ’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT : 19
267	267
268	268	(1) AFFECT AN INTEREST OR RIGHT OF THE TRANSFE ROR OR ANY 20
269	269	OTHER OWNER , INCLUDING THE RIGHT TO TRANSFER OR ENCUM BER THE 21
270	270	PROPERTY; 22
271	271
272	272	(2) AFFECT AN INTEREST OR RIGHT OF A TRANSFERE E, EVEN IF THE 23
273	273	TRANSFEREE HAS ACTUA L OR CONSTRUCTIVE NO TICE OF THE 24
274	274	TRANSFER–ON–DEATH DEED; 25
275	275
276	276	(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED O R UNSECURED 26
277	277	CREDITOR OR FUTURE C REDITOR OF THE TRANS FEROR, EVEN IF THE CREDITOR HAS 27
278	278	ACTUAL OR CONSTRUCTI VE NOTICE OF THE TRANSFER–ON–DEATH DEED; 28
279	279	HOUSE BILL 1270 7
280	280
281	281
282	282	(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BENEFICIARY’S 1
283	283	ELIGIBILITY FOR ANY FORM OF PUBLIC ASSIS TANCE; 2
284	284
285	285	(5) CREATE A LEGAL OR EQU ITABLE INTEREST IN F AVOR OF A 3
286	286	DESIGNATED BENEFICIA RY; OR 4
287	287
288	288	(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR 5
289	289	OF THE DESIGNATED BE NEFICIARY. 6
290	290
291	291	SUBTITLE 3. REVOCATION. 7
292	292
293	293	16.5–301. 8
294	294
295	295	(A) (1) PRIOR TO THE DEATH OF A TRANSFEROR , THE TRANSFEROR OR 9
296	296	THE TRANSFEROR ’S FIDUCIARY MAY REVOKE A PREVIOUSLY RECORDED 10
297	297	TRANSFER–ON–DEATH DEED , OR ANY PART OF THAT RECORDED 11
298	298	TRANSFER–ON–DEATH DEED , BY RECORDING IN THE LAND RECORDS OF THE 12
299	299	COUNTY IN WHICH THE PROPERTY IS LOCATED AN EXECUTED AND ACKNOWLEDGED : 13
300	300
301	301	(I) TRANSFER–ON–DEATH DEED THAT REVOKES TH E DEED OR 14
302	302	PART OF THE DEED EXP RESSLY OR BY INCONSISTENCY ; 15
303	303
304	304	(II) REVOCATION DOCUMENT THAT EXPRESSLY REVOK ES THE 16
305	305	DEED OR PART OF THE DEED; OR 17
306	306
307	307	(III) INTER VIVOS DEED THAT EXPRESSLY OR BY 18
308	308	INCONSISTEN CY REVOKES A TRANSFER–ON–DEATH DEED OR PART OF THE 19
309	309	TRANSFER–ON–DEATH DEED. 20
310	310
311	311	(2) IN ORDER TO BE EFFECT IVE, A DOCUMENT DESCRIBED UNDER 21
312	312	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE EXECUTED SUB SEQUENT TO THE 22
313	313	TRANSFER–ON–DEATH DEED THAT THE DOCUMENT REVOKES. 23
314	314
315	315	(B) AFTER A TRANSFER–ON–DEATH DEED IS RECORDED, IT MAY NOT BE 24
316	316	REVOKED BY: 25
317	317
318	318	(1) A REVOCATORY ACT ON TH E DEED; OR 26
319	319
320	320	(2) A TESTAMENTARY DOCUMEN T EXECUTED BY THE TRAN SFEROR, 27
321	321	EVEN IF THE TESTAMEN TARY DOCUMENT IS EXE CUTED AFTER THE DATE OF 28
322	322	RECORDATION OF THE T RANSFER–ON–DEATH DEED. 29
323	323	8 HOUSE BILL 1270
324	324
325	325
326	326	(C) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VIVOS 1
327	327	TRANSFER OF THE PROP ERTY. 2
328	328
329	329	SUBTITLE 4. TRANSFEROR ’S DEATH. 3
330	330
331	331	16.5–401. 4
332	332
333	333	(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER–ON–DEATH 5
334	334	DEED OR IN THIS SECTION, THIS SECTION APPLIES ON THE DEATH OF A TR ANSFEROR 6
335	335	TO PROPERTY THAT IS THE SUBJECT OF A TRA NSFER–ON–DEATH DEED OWNED BY 7
336	336	THE TRANSFEROR AT DE ATH, SUBJECT TO THE LIMITATIONS UNDE R: 8
337	337
338	338	(I) TITLE 3, SUBTITLE 1 OF THIS ARTICLE (INTESTATE 9
339	339	SUCCESSION); 10
340	340
341	341	(II) TITLE 3, SUBTITLE 3 OF THIS ARTICLE (STATUTORY SHARE 11
342	342	OF PRETERMITTED CHILD AND ISSUE); 12
343	343
344	344	(III) TITLE 3, SUBTITLE 4 OF THIS ARTICLE (ELECTIVE SHARE 13
345	345	OF SURVIVING SPOUSE); 14
346	346
347	347	(IV) § 4–105(B)(3) AND (4) OF THIS ARTICLE (REVOCATION BY 15
348	348	DIVORCE); 16
349	349
350	350	(V) § 4–403 OF THIS ARTICLE (LAPSE); 17
351	351
352	352	(VI) § 11–112 OF THIS ARTICLE (DISQUALIFICATION FROM 18
353	353	INHERITING PROPERTY OR AN INTEREST IN PR OPERTY FOR FELONIOUS LY AND 19
354	354	INTENTIONALLY KILLIN G, CONSPIRING TO KILL , OR PROCUR ING THE KILLING OF A 20
355	355	DECEDENT); AND 21
356	356
357	357	(VII) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE 22
358	358	(SIMULTANEOUS DEATH). 23
359	359
360	360	(2) (I) THE INTEREST IN THE PROP ERTY IS TRANSFERRED TO THE 24
361	361	DESIGNATED BENEFICIA RY IN ACCORDANCE WIT H THE TRANSFER–ON–DEATH DEED 25
362	362	IF THE BENEFICIARY S URVIVES THE TRANSFER OR. 26
363	363
364	364	(II) THE INTEREST OF A DES IGNATED BENEFICIARY WHO FAILS 27
365	365	TO SURVIVE THE TRANS FEROR LAPSES . 28
366	366
367	367	(3) (I) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MO RE 29
368	368	DESIGNATED BENEFICIA RIES TO RECEIVE CONC URRENT INTERESTS IN THE 30 HOUSE BILL 1270 9
369	369
370	370
371	371	PROPERTY, THE CONCURRENT INTERESTS ARE TRANSFERRED TO THE DESIGNATED 1
372	372	BENEFICIARIES IN EQU AL AND UNDIVIDED SHARES WIT H NO RIGHT OF 2
373	373	SURVIVORSHIP . 3
374	374
375	375	(II) IF THE INTEREST OF A DESIGNATED BENEFICIA RY LAPSES 4
376	376	OR FAILS FOR ANY REA SON, THAT DESIGNATED BENE FICIARY’S SHARE IS 5
377	377	TRANSFERRED TO THE O THER DESIGNATED BENEFICIA RIES IN PROPORTION TO THE 6
378	378	INTEREST OF EACH IN THE REMAININ G PART OF THE PROPER TY HELD 7
379	379	CONCURRENTLY . 8
380	380
381	381	(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THE REAL PROPERTY 9
382	382	ARTICLE, A BENEFICIARY TAKES TH E PROPERTY TRANSFERRED BY THE 10
383	383	TRANSFER–ON–DEATH DEED SUBJECT TO ALL CONVE YANCES, ENCUMBRANCES , 11
384	384	ASSIGNMENTS, CONTRACTS, MORTGAGES , LIENS, AND OTHER INTERESTS TO WHICH 12
385	385	THE PROPERTY IS SUBJ ECT AT THE TRANSFERO R’S DEATH. 13
386	386
387	387	(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE 14
388	388	TRANSFER–ON–DEATH DEED IS DEEMED TO HA VE OCCURRED AT THE 15
389	389	TRANSFEROR ’S DEATH. 16
390	390
391	391	(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT 17
392	392	COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER–ON–DEATH DEED 18
393	393	CONTAINS A CONTRARY PROVISION. 19
394	394
395	395	16.5–402. 20
396	396
397	397	A BENEFICIARY MAY DISC LAIM ALL OR PART OF THE BENEFICIARY ’S 21
398	398	INTEREST AS PROVIDED UNDER THE MARYLAND UNIFORM DISCLAIMER OF 22
399	399	PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THIS ARTICLE. 23
400	400
401	401	16.5–403. 24
402	402
403	403	A PRIVATE LIENHOLDER OR GOVERNMENT JURISD ICTION WITH AN INTER EST 25
404	404	IN PROPERTY TRANSFERRED BY A TRA NSFER–ON–DEATH DEED MAY NOT IMPOSE OR 26
405	405	ASSESS ANY PENALTY, FEE, OR INTEREST RELATING TO THE PROPERTY DURING ANY 27
406	406	PERIOD OF TIME FOLLO WING THE DEATH OF THE TRA NSFEROR AND PRIOR TO A 28
407	407	BENEFICIARY EXERCISING OWNERSHIP OVER THE P ROPERTY. 29
408	408
409	409	SUBTITLE 5. COURT INFORMATIONAL DOCUMENT AND FORMS. 30
410	410
411	411	16.5–501. 31
412	412	10 HOUSE BILL 1270
413	413
414	414
415	415	(A) THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP AND 1
416	416	MAKE AVAILABLE TO TH E PUBLIC AT COURTHOU SES AND ON THE WEBSI TE FOR THE 2
417	417	MARYLAND COURTS AN INFORMATION AL DOCUMENT EXPLAINING THE FUNCTION 3
418	418	AND USE OF TRANSFER–ON–DEATH DEEDS . 4
419	419
420	420	(B) THE DOCUMENT UNDER SUBSECTION (A) OF THIS SECTION: 5
421	421
422	422	(1) SHALL BE REASONABLY CALCULA TED TO BE UNDERSTOOD BY A 6
423	423	LAY PERSON; AND 7
424	424
425	425	(2) MAY: 8
426	426
427	427	(I) INFORM INDIVIDUALS THAT A TRANSFER –ON–DEATH DEED 9
428	428	MAY BE USED ONLY FOR THE TRANSFER OF PROPERTY ON THE DEAT H OF THE 10
429	429	TRANSFEROR AND IS VA LID ONLY IF PROPERLY EXECUTED AND RECORDED DURING 11
430	430	THE LIFE OF THE TRAN SFEROR; 12
431	431
432	432	(II) PROVIDE INFORMATION O N THE PROCESS FOR TH E 13
433	433	RECORDATION OF THE D EED IN LOCAL LAND RE CORDS; 14
434	434
435	435	(III) EXPLAIN THAT A TRANSF ER–ON–DEATH DEED MUST BE 15
436	436	REVOKED PRIOR TO THE DEATH OF THE TRANSFE ROR IN ORDER FOR THE PROPERTY 16
437	437	SUBJECT TO A TRANSFE R–ON–DEATH DEED TO TRANSF ER IN ACCORDANCE WIT H A 17
438	438	TESTAMENTARY DOCUMEN T; 18
439	439
440	440	(IV) PROVIDE INFORMATION O N HOW AN INDIVIDU AL MAY 19
441	441	ALTER OR REPLACE DES IGNATED BENEFICIARIE S; 20
442	442
443	443	(V) PROVIDE INFORMATION O N THE METHODS AND PR OCESS 21
444	444	FOR THE REVOCATION O F A TRANSFER–ON–DEATH DEED; 22
445	445
446	446	(VI) INFORM INDIVIDUALS TH AT THE EXECUTION , 23
447	447	RECORDATION , OR REVOCATION OF A T RANSFER–ON–DEATH DEED DOES NOT 24
448	448	REQUIRE NOTICE TO OR ACCEPTANCE BY A DESI GNATED BENEFICIARY ; 25
449	449
450	450	(VII) INFORM INDIVIDUALS THAT THE EXECUTION A ND 26
451	451	RECORDATION OF A TRA NSFER–ON–DEATH DEED DOES NOT REQUIRE THE SERVICES 27
452	452	OF AN ATTORNEY BUT T HAT CONSULTING AN AT TORNEY MAY BE HELPFU L; AND 28
453	453
454	454	(VIII) INCLUDE ANY OTHER INF ORMATION THAT THE 29
455	455	ADMINISTRATIVE OFFICE OF THE COURTS CONSIDERS PRUDENT. 30
456	456
457	457	16.5–502. 31 HOUSE BILL 1270 11
458	458
459	459
460	460
461	461	(A) THIS TITLE GOVERN S THE EFFECT OF THE FORM DEED PROVID ED IN 1
462	462	THIS SECTION OR ANY OTHER INSTRUM ENT USED TO CREATE A 2
463	463	TRANSFER–ON–DEATH DEED. 3
464	464
465	465	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE A 4
466	466	TRANSFER–ON–DEATH DEED: 5
467	467
468	468	REVOCABLE TRANSFER –ON–DEATH (TOD) DEED 6
469	469
470	470	NOTICE TO OWNER 7
471	471
472	472	YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 8
473	473
474	474	THIS FORM MUST BE REC ORDED BEFORE YOUR DE ATH, OR IT WILL NOT 9
475	475	BE EFFECTIVE. 10
476	476
477	477	A TRANSFER–ON–DEATH DEED MAY ONLY BE EXECUTED BY THE SOLE 11
478	478	OWNER OF REAL PROPERTY. 12
479	479
480	480	IDENTIFYING INFORMATION 13
481	481
482	482	OWNER MAKING THIS DEED: 14
483	483
484	484	___________________________ ______________________________ 15
485	485	PRINTED NAME MAILING ADDRESS 16
486	486
487	487	LEGAL DESCRIPTION OF THE PROPERTY : 17
488	488
489	489	____________________________________________________________ 18
490	490
491	491	PRIMARY BENEFICIARY 19
492	492
493	493	I DESIGNATE THE FOLLOW ING BENEFICIARY IF T HE BENEFICIARY 20
494	494	SURVIVES ME. 21
495	495
496	496	____________________ ________________________ 22
497	497	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 23
498	498
499	499	ALTERNATE BENEFICIARY – OPTIONAL 24
500	500
501	501	IF MY PRIMARY BENEFIC IARY DOES NOT SURVIV E ME, I DESIGNATE THE 25
502	502	FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. 26 12 HOUSE BILL 1270
503	503
504	504
505	505
506	506	____________________ ________________________ 1
507	507	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 2
508	508
509	509	TRANSFER ON DEATH 3
510	510
511	511	AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY 4
512	512	TO THE BENEFICIARIES AS DESIGNATED ABOVE . 5
513	513
514	514	BEFORE MY DEATH , I HAVE THE RIGHT TO RE VOKE THIS DEED . 6
515	515
516	516	SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 7
517	517
518	518	_______________________________ [(SEAL)]_________________ 8
519	519	SIGNATURE DATE 9
520	520
521	521	ACKNOWLEDGMENT 10
522	522
523	523	(INSERT ACKNOWLEDGMEN T FOR DEED HERE ) 11
524	524
525	525	I HEREBY CERTIFY THAT THIS REVOCABLE TRANS FER–ON–DEATH DEED WAS 12
526	526	PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 13
527	527	BENEFICIARY), A PARTY TO THIS INST RUMENT. 14
528	528
529	529	SIGNATURE ____________________________ 15
530	530	PRINTED NAME: ________________________ 16
531	531
532	532	(C) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 17
533	533	THE FORM TRANSFER –ON–DEATH DEED: 18
534	534
535	535	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 19
536	536
537	537	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 20
538	538	A TRANSFER –ON–DEATH DEED AT THE OFFICE OF LAND RECORDS. 21
539	539
540	540	WHAT DOES THE TRANSFE R–ON–DEATH (TOD) DEED DO? WHEN YOU 22
541	541	DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY , SUBJECT TO ANY LIENS OR 23
542	542	MORTGAGES (OR OTHER ENCUMBRANCE S) ON THE PROPERTY AT Y OUR DEATH. 24
543	543	PROBATE IS NOT REQUIR ED. THE TOD DEED HAS NO EFFECT U NTIL YOU DIE. YOU 25
544	544	CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERT Y TO 26
545	545	SOMEONE ELSE DURING YOUR LIF ETIME. IF YOU DO NOT OWN ANY INTEREST IN THE 27
546	546	PROPERTY WHEN YOU DI E, THIS DEED WILL HAVE NO EFFECT. 28
547	547	HOUSE BILL 1270 13
548	548
549	549
550	550	HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM . HAVE IT 1
551	551	ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR O THER INDIVIDUAL AUTH ORIZED 2
552	552	UNDER LAW TO TAKE ACKNOWLEDGMENTS . RECORD THE FORM IN EA CH [COUNTY] 3
553	553	WHERE ANY PART OF TH E PROPERTY IS LOCATE D. THE FORM HAS NO EFFEC T 4
554	554	UNLESS IT IS ACKNOWL EDGED AND RECORDED B EFORE YOUR DEATH . 5
555	555
556	556	IS THE “LEGAL DESCRIPTION ” OF THE PROPERTY NECE SSARY? YES. 6
557	557
558	558	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 7
559	559	INFORMATION MAY BE O N THE DEED YOU RECEI VED WHEN YOU BECAME AN OWNER 8
560	560	OF THE PROPERTY . THIS INFORMATION MAY ALSO BE AVAILABLE IN THE OFFICE OF 9
561	561	THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY WHERE THE PROP ERTY IS 10
562	562	LOCATED. IF YOU ARE NOT ABSOLU TELY SURE, CONSULT A LAWYER . 11
563	563
564	564	CAN I CHANGE MY MIND BEFOR E I RECORD THE TOD DEED? YES. IF 12
565	565	YOU HAVE NOT YET REC ORDED THE DEED AND W ANT TO CHANGE YOUR M IND, 13
566	566	SIMPLY TEAR UP OR OT HERWISE DESTROY THE DEED. 14
567	567
568	568	HOW DO I “RECORD” THE TOD DEED? TAKE THE COMPLETED AN D 15
569	569	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE COUNTY 16
570	570	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 17
571	571	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 18
572	572	IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD TH E DEED 19
573	573	IN EACH COUNTY . 20
574	574
575	575	CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND ? YES. YOU 21
576	576	CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFI CIARIES, CAN 22
577	577	PREVENT YOU FROM REV OKING THE DEED . 23
578	578
579	579	HOW DO I REVOKE THE TOD DEED AFTER IT IS REC ORDED? THERE ARE 24
580	580	THREE WAYS TO REVOKE A RECORDED TOD DEED: (1) COMPLETE AND 25
581	581	ACKNOWLEDGE A REVOCA TION FORM, AND RECORD IT IN EAC H COUNTY WHERE THE 26
582	582	PROPERTY IS LOCATED . (2) COMPLETE AND ACKNOWLE DGE A NEW TOD DEED THAT 27
583	583	DISPOSES OF THE SAME PROPE RTY, AND RECORD IT IN EAC H COUNTY WHERE THE 28
584	584	PROPERTY IS LOCATED . (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURI NG 29
585	585	YOUR LIFETIME BY A R ECORDED DEED THAT EX PRESSLY REVOKES THE TOD DEED. 30
586	586	YOU MAY NOT REVOKE TH E TOD DEED BY WILL. 31
587	587
588	588	I AM BEING PRESSURED TO COMP LETE THIS FORM. WHAT SHOULD I DO? 32
589	589	DO NOT COMPLETE THIS FORM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 33
590	590	FAMILY MEMBER , FRIEND, OR LAWYER. 34
591	591	14 HOUSE BILL 1270
592	592
593	593
594	594	DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TOD DEED? NO, 1
595	595	BUT IT IS RECOMMENDE D. SECRECY CAN CAU SE LATER COMPLICATIO NS AND MIGHT 2
596	596	MAKE IT EASIER FOR O THERS TO COMMIT FRAU D. 3
597	597
598	598	I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? 4
599	599	THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS . IF YOU HAVE 5
600	600	OTHER QUESTIONS , YOU ARE ENCOURAGED T O CONSULT A LAWYER. 6
601	601
602	602	16.5–503. 7
603	603
604	604	(A) THIS TITLE GOVERN S THE EFFECT OF THE FORM PROVIDED UN DER THIS 8
605	605	SECTION, OR ANY OTHER INSTRUM ENT USED TO REVOKE A TRANSFER–ON–DEATH 9
606	606	DEED. 10
607	607
608	608	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 11
609	609	REVOCATION UNDER THI S SUBTITLE: 12
610	610
611	611	REVOCATION OF TRANSFER –ON–DEATH (TOD) DEED 13
612	612
613	613	NOTICE TO OWNER 14
614	614
615	615	THIS REVOCATION MUST BE RECORDED BEFORE Y OU DIE OR IT WILL NO T BE 15
616	616	EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 16
617	617	PROPERTY OF THE OWNER WHO SIGN S THIS REVOCATION . 17
618	618
619	619	IDENTIFYING INFORMATION 18
620	620
621	621	OWNER OF PROPERTY MAKING THIS REVOCATION: 19
622	622
623	623	___________________________ ______________________________ 20
624	624	PRINTED NAME MAILING ADDRESS 21
625	625
626	626	LEGAL DESCRIPTION OF THE PROPERTY : 22
627	627
628	628	____________________________________________________________ 23
629	629
630	630	REVOCATION 24
631	631
632	632	I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 25
633	633	TRANSFER–ON–DEATH DEED. 26
634	634
635	635	SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 27
636	636	HOUSE BILL 1270 15
637	637
638	638
639	639	_______________________________ [(SEAL)]_________________ 1
640	640	SIGNATURE DATE 2
641	641
642	642	ACKNOWLEDGMENT 3
643	643
644	644	(INSERT ACKNOWLEDGMEN T HERE) 4
645	645
646	646	I HEREBY CERTIFY THAT THIS REVOCATION OF TRANSF ER–ON–DEATH DEED WAS 5
647	647	PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 6
648	648	BENEFICIARY), A PARTY TO THIS INST RUMENT. 7
649	649
650	650	SIGNATURE ____________________________ 8
651	651	PRINTED NAME: ________________________ 9
652	652
653	653	(C) THE FOLLOWING MAY BE USED AS AN INFORMATI ONAL SHEET TO 10
654	654	EXPLAIN THE REVOCATI ON FORM FOR TRANSFER–ON–DEATH DEED: 11
655	655
656	656	COMMON QUESTIONS ABOUT REVOKING A TRANSFER –ON–DEATH 12
657	657	DEED 13
658	658
659	659	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 14
660	660	REVOCATION OF A TRANSFER –ON–DEATH DEED AT THE OFFICE OF 15
661	661	LAND RECORDS. 16
662	662
663	663	HOW DO I USE THIS FORM TO REV OKE A TRANSFER –ON–DEATH (TOD) DEED? 17
664	664	COMPLETE THIS FORM . HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBL IC OR 18
665	665	OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS . 19
666	666	RECORD THE FORM IN T HE PUBLIC LAND RECOR DS OF EACH COUNTY WH ERE THE 20
667	667	PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDE D 21
668	668	BEFORE YOUR DEATH OR IT HAS NO EFFECT. 22
669	669
670	670	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 23
671	671	INFORMATION MAY BE O N THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE 24
672	672	PUBLIC LAND RECORDS FOR THE COUNTY WHERE THE PROPERTY IS LOCA TED. IF 25
673	673	YOU ARE NOT ABSOLUTE LY SURE, CONSULT A LAWYER . 26
674	674
675	675	HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 27
676	676	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 28
677	677	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 29
678	678	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 30
679	679	IF THE PROPERTY IS LO CATED IN MORE THAN O NE COUNTY, YOU SHOULD RECORD 31
680	680	THE FORM IN EACH OF THOSE COUNTIES . 32
681	681	16 HOUSE BILL 1270
682	682
683	683
684	684	I AM BEING PRESSURED TO C OMPLETE THIS FORM . WHAT SHOULD I DO? DO 1
685	685	NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 2
686	686	FAMILY MEMBER , FRIEND, OR LAWYER. 3
687	687
688	688	I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 4
689	689	FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS . IF YOU HAVE OTHER 5
690	690	QUESTIONS, CONSULT A LAWYER . 6
691	691
692	692	SUBTITLE 6. EFFECT ON FEDERAL LAW. 7
693	693
694	694	16.5–601. 8
695	695
696	696	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 9
697	697	ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 10
698	698	SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 11
699	699	101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 12
700	700	DELIVERY OF ANY OF T HE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15 13
701	701	U.S.C. SECTION 7003(B). 14
702	702
703	703	Article – Real Property 15
704	704
705	705	3–104. 16
706	706
707	707	(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 17
708	708	PARAGRAPH , THE Clerk of the Circuit Court may record an instrument that effects a 18
709	709	change of ownership if the instrument is: 19
710	710
711	711	[(i)] 1. Endorsed with the certificate of the collector of taxes of the 20
712	712	county in which the property is assessed, required under subsection (b) of this section; 21
713	713
714	714	[(ii)] 2. [1.] A. Accompanied by a complete intake sheet; or 22
715	715
716	716	[2.] B. Endorsed by the assessment office for the county as 23
717	717	provided in subsection (g)(8) of this section; and 24
718	718
719	719	[(iii)] 3. Accompanied by a copy of the instrument, and any survey, 25
720	720	for submission to the Department of Assessments and Taxation. 26
721	721
722	722	(II) 1. THE REQUIREMENTS OF SUBPARAGRAPH (I)1 AND 2B 27
723	723	OF THIS PARAGRAPH DO NOT APPLY TO THE REC ORDATION OF A 28
724	724	TRANSFER–ON–DEATH DEED OR A REVOCATION OF A TR ANSFER–ON–DEATH DEED 29
725	725	EXECUTED IN ACCORDAN CE WITH TITLE 16.5 OF THE ESTATES AND TRUSTS 30
726	726	ARTICLE. 31
727	727	HOUSE BILL 1270 17
728	728
729	729
730	730	2. THE CLERK OF THE CIRCUIT COURT SHALL SUBMIT 1
731	731	TO THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION A COPY OF ANY 2
732	732	TRANSFER–ON–DEATH DEED OR A REVO CATION OF A TRANSFER –ON–DEATH DEED 3
733	733	THAT IT RECORDS : 4
734	734
735	735	A. WITH ANY SURVEY; AND 5
736	736
737	737	B. WITHOUT A CERTIFICATE OF THE C OLLECTOR OF 6
738	738	TAXES OF THE COUNTY. 7
739	739
740	740	(2) (I) [The] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 8
741	741	THIS PARAGRAPH , THE Supervisor of Assessments shall transfer ownership of property 9
742	742	in the assessment records, effective as of the date of recordation, upon receipt from the 10
743	743	Clerk of the Circuit Court of a copy of the instrument, the completed intake sheet, and any 11
744	744	survey submitted under paragraph (1) of this subsection. 12
745	745
746	746	(II) 1. FOR A TRANSFER –ON–DEATH DEED OR THE 13
747	747	REVOCATION OF A TRAN SFER–ON–DEATH DEED EXECUTED IN ACCORDAN CE WITH 14
748	748	TITLE 16.5 OF THE ESTATES AND TRUSTS ARTICLE, ON RECEIPT FROM THE CLERK 15
749	749	OF THE CIRCUIT COURT OF A COPY OF TH E INSTRUMENT , THE SUPERVISOR OF 16
750	750	ASSESSMENTS SHALL RECORD THE TRANSFER –ON–DEATH DEED OR THE 17
751	751	REVOCATION OF THE TR ANSFER–ON–DEATH DEED IN THE REGISTRY ESTA BLISHED 18
752	752	BY THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 19
753	753
754	754	2. PROVIDED THAT THERE I S NOT A REVOCATION 20
755	755	RECORDED SUBSEQUENT TO THE RECORDATION O F A TRANSFER–ON–DEATH DEED, 21
756	756	OWNERSHIP OF A PROPERTY THAT I S THE SUBJECT OF THE TRANSFER–ON–DEATH 22
757	757	DEED MAY BE TRANSFERRED IN THE ASSESSMENT RECOR DS ONLY FOLLOWING THE 23
758	758	DEATH OF THE TRANSFE ROR NAMED ON THE TRANSFER–ON–DEATH DEED. 24
759	759
760	760	(b) (1) (i) Except as provided in subsection (c) of this section, property may 25
761	761	not be transferred on the assessment books or records until: 26
762	762
763	763	1. All public taxes, assessments, and charges currently due 27
764	764	and owed on the property have been paid to the treasurer, tax collector, or director of 28
765	765	finance of the county in which the property is assessed; and 29
766	766
767	767	2. All taxes on personal property in the county due by the 30
768	768	transferor have been paid when all land owned by the transferor in the county is being 31
769	769	transferred. 32
770	770
771	771	(ii) The certificate of the collecting agent designated by law, showing 33
772	772	that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and 34
773	773	the endorsement shall be sufficient authority for transfer on the assessment books. 35
774	774	18 HOUSE BILL 1270
775	775
776	776
777	777	(2) (i) Except as provided in subsection (c) of this section, in Allegany, 1
778	778	Cecil, Charles, Dorchester, Harford, Howard, Kent, Queen Anne’s, Somerset, and St. 2
779	779	Mary’s counties no property may be transferred on the assessment books or records until: 3
780	780
781	781	1. All public taxes, assessments, any charges due a 4
782	782	municipal corporation, and charges due on the property have been paid as required by law; 5
783	783	and 6
784	784
785	785	2. All taxes on personal property in the county due by the 7
786	786	transferor have been paid when all land owned by the transferor in the county and 8
787	787	municipal corporation is being transferred. 9
788	788
789	789	(ii) The certificate of the collecting agent and municipal corporation 10
790	790	designated by law showing that all taxes, assessments, and charges have been paid, shall 11
791	791	be endorsed on the deed and the endorsement shall be sufficient authority for transfer on 12
792	792	the assessment books. 13
793	793
794	794	(c) (1) (i) The requirements for prepayment of personal property taxes in 14
795	795	subsection (b) of this section do not apply to grants of land made: 15
796	796
797	797	1. By or on behalf of any mortgagee, lien creditor, trustee of 16
798	798	a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 17
799	799	court–appointed officer in an insolvency or liquidation proceeding; or 18
800	800
801	801	2. By a deed in lieu of foreclosure to any holder of a mortgage 19
802	802	or deed of trust or to the holder’s assignee or designee. 20
803	803
804	804	(ii) Notwithstanding any other provision of law, and except as 21
805	805	provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 22
806	806	instrument that effects a grant of land described in subparagraph (i) of this paragraph, the 23
807	807	land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 24
808	808	unpaid taxes on personal property. 25
809	809
810	810	(iii) Subparagraph (ii) of this paragraph does not apply to: 26
811	811
812	812	1. Any lien for unpaid taxes on personal property that 27
813	813	attached to the land by recording and indexing a notice as provided in § 14–804(b) of the 28
814	814	Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 29
815	815	encumbrance giving rise to the grant of land described in subparagraph (i) of this 30
816	816	paragraph; or 31
817	817
818	818	2. Unpaid taxes on personal property owed by the transferee 32
819	819	or subsequent owner of the land after a grant of land described in subparagraph (i) of this 33
820	820	paragraph. 34
821	821	HOUSE BILL 1270 19
822	822
823	823
824	824	(iv) This paragraph does not affect the rights of the personal property 1
825	825	tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 2
826	826	in a grant of land described in subparagraph (i) of this paragraph. 3
827	827
828	828	(2) Subsection (b) of this section does not apply in Charles, St. Mary’s, 4
829	829	Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 5
830	830	Frederick and Washington counties to any deed executed as a mere conduit or for 6
831	831	convenience in holding and passing title, known popularly as a straw deed or, as provided 7
832	832	in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 8
833	833	which is a supplementary instrument merely confirming, correcting, or modifying a 9
834	834	previously recorded deed, if there is no actual consideration paid or to be paid for the 10
835	835	execution of the supplementary instrument. 11
836	836
837	837	(3) Subsection (b) of this section does not apply in Baltimore City and Anne 12
838	838	Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 13
839	839	transferring property to the county when the controller or treasurer of the county has 14
840	840	certified that the conveyance does not impair the security for any public taxes, assessments, 15
841	841	and charges due on the remaining property of the grantor. 16
842	842
843	843	(4) (i) Property may be transferred on the assessment books or records 17
844	844	in July, August, or September if instead of paying the taxes required under subsection (b)(1) 18
845	845	of this section on a property transfer by assumption, a lender or the attorney handling the 19
846	846	transfer of title files with the county treasurer, tax collector, or director of finance of the 20
847	847	county in which the property is assessed a statement that certifies that the lender 21
848	848	maintains a real estate tax escrow account. 22
849	849
850	850	(ii) Upon receipt of the statement required in subparagraph (i) of 23
851	851	this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 24
852	852	the deed an appropriate certification and the endorsement shall be sufficient authority for 25
853	853	transfer on the assessment books. 26
854	854
855	855	(5) At the time of transfer of real property subject to a semiannual payment 27
856	856	schedule for the payment of property taxes, only those semiannual payments that are due 28
857	857	for the current taxable year under § 10–204.3 of the Tax – Property Article must be paid 29
858	858	prior to the transfer of the property. 30
859	859
860	860	(d) Every deed or other instrument offered for recordation shall have the name of 31
861	861	each person typed or printed directly above or below the signature of the person. If a typed 32
862	862	or printed name is not provided as required in this subsection, the clerk shall make 33
863	863	reasonable efforts to determine the correct name under which the deed or other instrument 34
864	864	shall be indexed. 35
865	865
866	866	(e) (1) Any printed deed or other instrument offered for recordation shall be 36
867	867	printed in not less than eight–point type and in black letters and be on white paper of 37
868	868	sufficient weight and thickness to be clearly readable. If the deed or other instrument is 38
869	869	wholly typewritten or typewritten on a printed form, the typewriting shall be in black 39
870	870	letters, in not less than elite type and upon white paper of sufficient weight or thickness as 40 20 HOUSE BILL 1270
871	871
872	872
873	873	to be clearly readable. The foregoing provisions do not apply to manuscript covers or backs 1
874	874	customarily used on documents offered for recordation. The recording charge for any 2
875	875	instrument not conforming to these requirements shall be treble the normal charge. In any 3
876	876	clerk’s office where the deeds or other instruments are photostated or microfilmed, no 4
877	877	instrument on which a rider has been placed or attached in a manner obscuring, hiding, or 5
878	878	covering any other part of the instrument may be offered or received for record. No 6
879	879	instrument not otherwise readily subject to photostating or microfilming may be offered or 7
880	880	received for record until treble the normal recording charge is paid to the clerk and unless 8
881	881	an affidavit, black type on white paper, is attached and made a part of the document stating 9
882	882	the kind of instrument, the date, the parties to the transaction, description of the property, 10
883	883	and all other pertinent data. After any document has been recorded in one county, a 11
884	884	certified copy of the recorded document may be recorded in any other county. 12
885	885
886	886	(2) A certified copy of any document from a state, commonwealth, territory, 13
887	887	or possession of the United States, or the District of Columbia that would otherwise be 14
888	888	recordable under Maryland law may be recorded in this State, if the document contains: 15
889	889
890	890	(i) An original certification made by the clerk or other governmental 16
891	891	official having responsibility for the certification or authentication of recorded documents 17
892	892	in the jurisdiction where the document is recorded; and 18
893	893
894	894	(ii) An indication of the recording reference and court or other public 19
895	895	registry where the original document is recorded. 20
896	896
897	897	(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes 21
898	898	review of an instrument by the certifying attorney. 22
899	899
900	900	(ii) A deed other than a mortgage, a deed of trust, an assignment of 23
901	901	rents, an assignment of a lease for security purposes, or an assignment or a release of a 24
902	902	mortgage or a deed of trust may not be recorded unless it bears: 25
903	903
904	904	1. The certification of an attorney admitted to the Bar of this 26
905	905	State that the instrument has been prepared by the attorney or under the attorney’s 27
906	906	supervision; or 28
907	907
908	908	2. A certification by a party named in the instrument that 29
909	909	the instrument was prepared by that party. 30
910	910
911	911	(iii) A mortgage, a deed of trust, an assignment of rents, an 31
912	912	assignment of a lease for security purposes, or an assignment or a release of a mortgage or 32
913	913	a deed of trust prepared by any attorney or one of the parties named in the instrument may 33
914	914	be recorded without the certification required under subparagraph (ii) of this paragraph. 34
915	915
916	916	(2) Every deed recorded in Prince George’s County shall contain a reference 35
917	917	to the election district in which the property described in the deed is located. 36
918	918	HOUSE BILL 1270 21
919	919
920	920
921	921	(3) Every deed or other instrument recorded in Talbot County shall have 1
922	922	written, typed, or printed on its back, to be readily visible when folded for filing in the 2
923	923	appropriate drawer or file, the name of every party to the deed or other instrument and the 3
924	924	nature or character of the instrument. 4
925	925
926	926	(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 5
927	927	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH T HE REQUIREMENTS 6
928	928	OF TITLE 16.5 OF THE ESTATES AND TRUSTS ARTICLE. 7
929	929
930	930	(II) No deed granting property lying within the boundaries of any 8
931	931	sanitary district operated by the County Commissioners of Worcester County may be 9
932	932	accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 10
933	933	county to indicate that every assessment or charge currently due and owed to the county 11
934	934	with respect to the property described in the deed has been paid. 12
935	935
936	936	(5) (I) In Frederick County, if the property to be transferred is a 13
937	937	subdivision, which is being dissected from a larger tract of land, then every public tax, 14
938	938	assessment, and charge due on the larger tract shall be paid before the property is 15
939	939	transferred on the assessment books or land records. 16
940	940
941	941	(II) Notwithstanding any other provision of this section, in Frederick 17
942	942	County the certificate of the Treasurer and the appropriate municipal tax collector, if the 18
943	943	property is within an incorporated town or city, showing that every tax has been paid shall 19
944	944	be endorsed on the deed. The endorsement is sufficient authority for transfer on the 20
945	945	assessment books or land records. 21
946	946
947	947	(6) Every deed granting a right–of–way or other easement to a public 22
948	948	utility, public agency, or a department or agency of the State shall contain an accurate and 23
949	949	definite description as well as a reference to the liber and folio where the servient land was 24
950	950	granted and a recitation of the grantors, grantees, and the date of the reference deed. 25
951	951
952	952	(g) (1) This subsection does not apply to: 26
953	953
954	954	(i) An assignment of a mortgage or if presented for recordation, an 27
955	955	assignment of a deed of trust; 28
956	956
957	957	(ii) A release of a deed of trust or mortgage; 29
958	958
959	959	(iii) A substitution of trustees on a deed of trust; 30
960	960
961	961	(iv) A power of attorney; 31
962	962
963	963	(v) A financing statement or an amendment, continuation, release, 32
964	964	or termination of a financing statement recorded in land records; or 33
965	965	22 HOUSE BILL 1270
966	966
967	967
968	968	(vi) A restrictive covenant modification executed under § 3–112 of 1
969	969	this subtitle. 2
970	970
971	971	(2) Except as provided in paragraph (1) of this subsection, each deed or 3
972	972	other instrument affecting property and presented for recordation shall be: 4
973	973
974	974	(i) Accompanied by a complete intake sheet, on the form that the 5
975	975	Administrative Office of the Courts provides; or 6
976	976
977	977	(ii) Endorsed as provided under paragraph (8) of this subsection. 7
978	978
979	979	(3) A complete intake sheet shall: 8
980	980
981	981	(i) Describe the property by at least one of the following property 9
982	982	identifiers: 10
983	983
984	984	1. The property tax account identification number, if any, or 11
985	985	in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 12
986	986	from the tax account number; 13
987	987
988	988	2. The street address, if any; 14
989	989
990	990	3. If the property is a lot within a subdivided tract, the lot 15
991	991	and block designation, or in Baltimore City, the current land record block number; 16
992	992
993	993	4. If the property is part of a tract that has been subdivided 17
994	994	informally and there is neither an assigned tax account identification number for the parcel 18
995	995	nor a lot and block designation, then the street address, if any, or the amount of acreage; 19
996	996	or 20
997	997
998	998	5. If the property consists of multiple parcels, the 21
999	999	designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 22
1000	1000
1001	1001	(ii) Name each grantor, donor, mortgagor, and assignor and each 23
1002	1002	grantee, donee, mortgagee, and assignee; 24
1003	1003
1004	1004	(iii) State the type of instrument; 25
1005	1005
1006	1006	(iv) State the amount of consideration payable, including the amount 26
1007	1007	of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 27
1008	1008	secured; 28
1009	1009
1010	1010	(v) State the amount of recording charges due, including the land 29
1011	1011	records surcharge and any transfer and recordation taxes; 30
1012	1012
1013	1013	(vi) Identify, by citation or explanation, each claimed exemption from 31
1014	1014	recording taxes; 32 HOUSE BILL 1270 23
1015	1015
1016	1016
1017	1017
1018	1018	(vii) For an instrument effecting a change in ownership, state a tax 1
1019	1019	bill mailing address; and 2
1020	1020
1021	1021	(viii) Indicate the person to whom the instrument is to be returned. 3
1022	1022
1023	1023	(4) An intake sheet may request any other information that the 4
1024	1024	Administrative Office of the Courts considers necessary in expediting transfers of property 5
1025	1025	or recording and indexing of instruments. 6
1026	1026
1027	1027	(5) A clerk may not charge any fee for recording an intake sheet. 7
1028	1028
1029	1029	(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 8
1030	1030	PARAGRAPH , A clerk may not refuse to record an instrument that does not effect a change 9
1031	1031	of ownership on the assessment books solely because it is not accompanied by an intake 10
1032	1032	sheet. 11
1033	1033
1034	1034	(II) A CLERK MAY REFU SE TO RECORD A TRANS FER–ON–DEATH 12
1035	1035	DEED EXECUTED IN ACC ORDANCE WITH TITLE 16.5 OF THE ESTATES AND TRUSTS 13
1036	1036	ARTICLE IF IT IS NOT ACCOMPA NIED BY AN INTAKE SH EET. 14
1037	1037
1038	1038	(7) A clerk may refuse to record a deed or instrument that effects a change 15
1039	1039	of ownership on the assessment rolls if the instrument is not accompanied by a complete 16
1040	1040	intake sheet or endorsed as transferred on the assessment books by the assessment office 17
1041	1041	for the county where the property is located. 18
1042	1042
1043	1043	(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 19
1044	1044	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 16.5 OF THE 20
1045	1045	ESTATES AND TRUSTS ARTICLE. 21
1046	1046
1047	1047	(II) If a deed or other instrument that effects a change in ownership 22
1048	1048	is submitted for transfer on the assessment books without an intake sheet, the person 23
1049	1049	offering the deed or other instrument shall mail or deliver to the person having charge of 24
1050	1050	the assessment books the information required on the intake sheet. 25
1051	1051
1052	1052	[(ii)] (III) When property is transferred on the assessment books 26
1053	1053	under this paragraph: 27
1054	1054
1055	1055	1. The transfer shall be to the grantee or assignee named in 28
1056	1056	the deed or other instrument; and 29
1057	1057
1058	1058	2. The person recording the transfer shall evidence the fact 30
1059	1059	of the transfer on the deed or other instrument. 31
1060	1060	24 HOUSE BILL 1270
1061	1061
1062	1062
1063	1063	[(iii)] (IV) An endorsement under this paragraph is sufficient to 1
1064	1064	authorize the recording of the deed or other instrument by the clerk of the appropriate 2
1065	1065	court. 3
1066	1066
1067	1067	(9) A clerk may not record an instrument that effects a real property lease 4
1068	1068	dealing in natural gas and oil unless the instrument is accompanied by a complete intake 5
1069	1069	sheet. 6
1070	1070
1071	1071	(10) (i) An intake sheet shall be recorded immediately after the 7
1072	1072	instrument it accompanies. 8
1073	1073
1074	1074	(ii) The intake sheet is not part of the instrument and does not 9
1075	1075	constitute constructive notice as to the contents of the instrument. 10
1076	1076
1077	1077	(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 11
1078	1078	TRANSFER–ON–DEATH DEED. 12
1079	1079
1080	1080	2. The lack of an intake sheet does not affect the validity of 13
1081	1081	any conveyance, lien, or lien priority based on recordation of an instrument. 14
1082	1082
1083	1083	(H) THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION SHALL 15
1084	1084	DEVELOP AND IMPLEMEN T A REGISTRY FOR THE REGISTRATION OF 16
1085	1085	TRANSFER–ON–DEATH DEEDS FOR THE PURPOSE OF THE TRANSFERRING OF 17
1086	1086	OWNERSHIP OF A PROPERTY ON THE ASSESSMENT RE CORDS ON THE DEATH O F THE 18
1087	1087	TRANSFEROR INDICATED ON THE TRA NSFER–ON–DEATH DEED. 19
1088	1088
1089	1089	Article – Tax – Property 20
1090	1090
1091	1091	12–108. 21
1092	1092
1093	1093	(II) A REAL PROPERTY TRANSF ER–ON–DEATH DEED UNDER TITLE 16.5 OF 22
1094	1094	THE ESTATES AND TRUSTS ARTICLE IS NOT SUBJECT TO RE CORDATION TAX . 23
1095	1095
1096	1096	13–207. 24
1097	1097
1098	1098	(a) An instrument of writing is not subject to transfer tax to the same extent that 25
1099	1099	it is not subject to recordation tax under: 26
1100	1100
1101	1101	(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 27
1102	1102	in bankruptcy); [or] 28
1103	1103
1104	1104	(26) § 12–108(hh) of this article (Transfer of real property within the Laurel 29
1105	1105	Park racing facility site, Pimlico racing facility site, Pimlico site, or Bowie Race Course 30
1106	1106	Training Center property); OR 31
1107	1107	HOUSE BILL 1270 25
1108	1108
1109	1109
1110	1110	(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY 1
1111	1111	TRANSFER–ON–DEATH DEED). 2
1112	1112
1113	1113	13–414. 3
1114	1114
1115	1115	AN INSTRUMENT OF WRIT ING THAT IS EXEMPT FROM RECORDATION TAX 4
1116	1116	UNDER § 12–208(II) (REAL PROPERTY TRANSFE R–ON–DEATH DEED ) IS NOT 5
1117	1117	SUBJECT TO COUNTY TR ANSFER TAX. 6
1118	1118
1119	1119	SECTION 2. AND BE IT FURTHER ENACTED, That this Act, to the extent 7
1120	1120	practicable, shall be interpreted and enforced by a court in accordance with existing law 8
1121	1121	governing life estates with powers of alienation. 9
1122	1122
1123	1123	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 10
1124	1124	transfer–on–death deed that was made before, on, or after the effective date of this Act by 11
1125	1125	a transferor who dies on or after the effective date of this Act. 12
1126	1126
1127	1127	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
1128	1128	October 1, 2022. 14