Maryland 2022 Regular Session

Maryland Senate Bill SB853 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 MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0853
6	6
7	7	SENATE BILL 853
8	8	N2, N1 2lr0781
9	9	SB 698/21 – JPR CF 2lr0779
10	10	By: Senator Eckardt
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
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 SENATE BILL 853
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 INSTRU MENT CREATING A TRUS T, 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	SENATE BILL 853 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 SENATE BILL 853
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 TRA NSFER–ON–DEATH DEED. 25
185	185
186	186	(C) “DESIGNATED BENEFICIAR Y” MEANS AN INDIVIDUAL DESIGNATED TO 26
187	187	RECEIVE REAL PROPERT Y 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	SENATE BILL 853 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 PROPERTY OTHERWISE 10
210	210	ALLOWED UNDER THE LA WS OF THE 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 O THER 13
214	214	PROVISION OF LAW ; OR 14
215	215
216	216	(3) APPLY TO PROPERTY THA T IS HELD AS JOINT TENANTS , 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 OW NER OF PROPERTY MAY TRANSFER THE PROPERT Y 18
222	222	TO ONE OR MORE BENEF ICIARIES EFFECTIVE A T 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 SAME AS THE CAPACITY REQUIRED TO MAKE A 26
234	234	WILL. 27
235	235	6 SENATE BILL 853
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 COM PLY 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 LA ND RECORDS OF THE 11
254	254	COUNTY WHERE THE PRO PERTY IS 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 EFFECT IVE WITHOUT: 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 OR UNSECURED 26
277	277	CREDITOR OR FUTURE C REDITOR OF THE TRANSFEROR , EVEN IF THE CREDITOR HAS 27
278	278	ACTUAL OR CONSTRUCTI VE NOTICE OF THE TRA NSFER–ON–DEATH DEED; 28
279	279	SENATE BILL 853 7
280	280
281	281
282	282	(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BENE FICIARY’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 M AY REVOKE A PREVIOUS LY 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 ACKN OWLEDGED : 13
300	300
301	301	(I) TRANSFER–ON–DEATH DEED THAT REVOKES THE DEED OR 14
302	302	PART OF THE DEED EXP RESSLY OR BY INCONSI STENCY; 15
303	303
304	304	(II) REVOCATION DOCUMENT T HAT EXPRESSLY REVOKE S 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	INCONSISTENCY REVOKE S 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 RECOR DED, 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 TR ANSFEROR, 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 SENATE BILL 853
324	324
325	325
326	326	(C) THIS SECTION DOES NOT LIMIT THE E FFECT OF AN INTER VI VOS 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 P ROVIDED IN THE TRANS FER–ON–DEATH 5
334	334	DEED OR IN THIS SECT ION, THIS SECTION APPLIES ON THE DEATH OF A TR ANSFEROR 6
335	335	TO PROPERTY THAT IS THE SUBJECT OF A TRANSFE R–ON–DEATH DEED OWNED BY 7
336	336	THE TRANSFEROR AT DE ATH, SUBJECT TO THE LIMIT ATIONS UNDER : 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 PROCURING THE KIL LING 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 P ROPERTY IS TRANSFERR ED 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 SENATE BILL 853 9
369	369
370	370
371	371	PROPERTY, THE CONCURRENT INTER ESTS ARE TRANSFERRED TO THE DESIGNATED 1
372	372	BENEFICIARIES IN EQU AL AND UND IVIDED SHARES WITH N O 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 BENE FICIARIES IN PROPORT ION TO THE 6
378	378	INTEREST OF EACH IN THE REMAINING PAR T OF THE PROPERTY HE LD 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 THE PROPERTY TRANSFE RRED BY THE 10
383	383	TRANSFER–ON–DEATH DEED SUBJECT T O ALL CONVEYANCES , ENCUMBRANCES , 11
384	384	ASSIGNMEN TS, 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 HAVE 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 O R GOVERNMENT JURISDI CTION WITH AN INTERE ST 25
404	404	IN PROPERTY TRANSFER RED BY A TRANSFER –ON–DEATH DEED MAY NOT I MPOSE OR 26
405	405	ASSESS ANY PENALTY , FEE, OR INTEREST RELATING TO THE PROPERTY DURI NG ANY 27
406	406	PERIOD OF TIME FOLLO WING THE DEATH OF TH E TRANSFEROR AND PRI OR TO A 28
407	407	BENEFICIARY EXERCISI NG OWNERSHIP OVER TH E PROPERTY. 29
408	408
409	409	SUBTITLE 5. COURT INFORMATIONAL DOCUMENT AND FORMS. 30
410	410
411	411	16.5–501. 31
412	412	10 SENATE BILL 853
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 IN FORMATIONAL DOCUMENT EXPLAINING THE FUNCT ION 3
418	418	AND USE OF TRANSFER –ON–DEATH DEEDS . 4
419	419
420	420	(B) THE DOCUMENT UNDER SU BSECTION (A) OF THIS SECTION SHAL L: 5
421	421
422	422	(1) BE REASONABLY CALCULA TED TO BE UNDERSTOOD BY A LAY 6
423	423	PERSON; 7
424	424
425	425	(2) ADVISE THAT A TRANSFE R–ON–DEATH DEED MAY BE US ED ONLY 8
426	426	FOR THE TRANSFER OF PROPERTY ON THE DEAT H OF THE TRANSFEROR AND IS 9
427	427	VALID ONLY IF PROPER LY EXECUTED AND R ECORDED DURING THE L IFE OF THE 10
428	428	TRANSFEROR ; 11
429	429
430	430	(3) DESCRIBE THE PURPOSE , LIMITATIONS, BENEFITS, AND 12
431	431	DISADVANTAGES OF USI NG A TRANSFER –ON–DEATH DEED FOR THE T RANSFER OF 13
432	432	PROPERTY ON THE DEAT H OF A TRANSFEROR ; 14
433	433
434	434	(4) PROVIDE INFORMATION O N THE EXECUTION OF A 15
435	435	TRANSFER–ON–DEATH DEED AS WELL A S THE PROCESS FOR TH E RECORDATION OF 16
436	436	THE DEED IN LOCAL LA ND RECORDS; 17
437	437
438	438	(5) EXPLAIN THAT THE RECO RDATION OF A VALID 18
439	439	TRANSFER–ON–DEATH DEED SUPERSEDE S TESTAMENTARY DOCUM ENTS, 19
440	440	INCLUDING THOSE THAT ARE EXECUTED AFTER T HE RECOR DATION OF THE 20
441	441	TRANSFER–ON–DEATH DEED , AND THAT A TRANSFER –ON–DEATH DEED MUST BE 21
442	442	REVOKED PRIOR TO THE DEATH OF THE TRANSFE ROR IN ORDER FOR THE PROPERTY 22
443	443	SUBJECT TO A TRANSFE R–ON–DEATH DEED TO TRANSF ER IN ACCORDANCE WIT H A 23
444	444	TESTAMENTARY DOCUMEN T; 24
445	445
446	446	(6) PROVIDE INFORMATION ON HOW AN INDIVIDUAL MAY AL TER OR 25
447	447	REPLACE DESIGNATED B ENEFICIARIES; 26
448	448
449	449	(7) PROVIDE INFORMATION O N THE METHODS AND PR OCESS FOR 27
450	450	THE REVOCATION OF A TRANSFER–ON–DEATH DEED; 28
451	451
452	452	(8) INFORM INDIVIDUALS TH AT THE EXECUTION , RECORDATION , OR 29
453	453	REVOCATION OF A TRANSFER –ON–DEATH DEED DOES NOT REQUIRE NOTICE TO OR 30
454	454	ACCEPTANCE BY A DESI GNATED BENEFICIARY ; 31
455	455	SENATE BILL 853 11
456	456
457	457
458	458	(9) ADVISE THAT THE EXECU TION AND RECORDATION OF A 1
459	459	TRANSFER–ON–DEATH DEED DOES NOT REQUIRE THE SERVICES OF AN ATTORNEY 2
460	460	BUT THAT CONSULTING AN ATTORNEY MAY BE HELPFUL; AND 3
461	461
462	462	(10) INCLUDE ANY OTHER INF ORMATION THAT THE ADMINISTRATIVE 4
463	463	OFFICE OF THE COURTS CONSIDERS PRUD ENT. 5
464	464
465	465	16.5–502. 6
466	466
467	467	(A) THIS TITLE GOVERNS TH E EFFECT OF THE FORM DEED PROVIDED IN 7
468	468	THIS SECTION OR ANY OTHER INSTRUMENT USE D TO CREATE A 8
469	469	TRANSFER–ON–DEATH DEED. 9
470	470
471	471	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE A 10
472	472	TRANSFER–ON–DEATH DEED: 11
473	473
474	474	REVOCABLE TRANSFER –ON–DEATH (TOD) DEED 12
475	475
476	476	NOTICE TO OWNER 13
477	477
478	478	YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 14
479	479
480	480	THIS FORM MUST BE REC ORDED BEFORE YOUR DE ATH, OR IT WILL NOT 15
481	481	BE EFFECTIVE. 16
482	482
483	483	A TRANSFER–ON–DEATH DEED MAY ONLY BE EXECUTED BY THE SOLE 17
484	484	OWNER OF REAL PROPERTY. 18
485	485
486	486	IDENTIFYING INFORMATION 19
487	487
488	488	OWNER MAKING THIS DEED: 20
489	489
490	490	___________________________ ______________________________ 21
491	491	PRINTED NAME MAILING ADDRESS 22
492	492
493	493	LEGAL DESCRIPTION OF THE PROPERTY : 23
494	494
495	495	____________________________________________________________ 24
496	496
497	497	PRIMARY BENEFICIARY 25
498	498
499	499	I DESIGNATE THE FOLLOW ING BENEFICIARY IF T HE BENEFICIARY 26
500	500	SURVIVES ME. 27 12 SENATE BILL 853
501	501
502	502
503	503
504	504	____________________ ________________________ 1
505	505	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 2
506	506
507	507	ALTERNATE BENEFICIARY – OPTIONAL 3
508	508
509	509	IF MY PRIMARY BENEFIC IARY DOES NOT SURVIV E ME, I DESIGNATE THE 4
510	510	FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. 5
511	511
512	512	____________________ ________________________ 6
513	513	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 7
514	514
515	515	TRANSFER ON DEATH 8
516	516
517	517	AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY 9
518	518	TO THE BENEFICIARIES AS DESIGNATED ABOVE . 10
519	519
520	520	BEFORE MY DEATH , I HAVE THE RIGHT TO RE VOKE THIS DEED . 11
521	521
522	522	SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 12
523	523
524	524	_______________________________ [(SEAL)]_________________ 13
525	525	SIGNATURE DATE 14
526	526
527	527	ACKNOWLEDGMENT 15
528	528
529	529	(INSERT ACKNOWLEDGMEN T FOR DEED HERE ) 16
530	530
531	531	I HEREBY CERTIFY THAT THIS REVOCABLE TRANS FER–ON–DEATH DEED WAS 17
532	532	PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 18
533	533	BENEFICIARY), A PARTY TO THIS INST RUMENT. 19
534	534
535	535	SIGNATURE ____________________________ 20
536	536	PRINTED NAME: ________________________ 21
537	537
538	538	(C) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 22
539	539	THE FORM TRANSFER –ON–DEATH DEED: 23
540	540
541	541	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 24
542	542
543	543	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 25
544	544	A TRANSFER –ON–DEATH DEED AT THE OFFICE OF LAND RECORDS. 26
545	545	SENATE BILL 853 13
546	546
547	547
548	548	WHAT DOES THE TRANSFE R–ON–DEATH (TOD) DEED DO? WHEN YOU 1
549	549	DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY , SUBJECT TO ANY LIENS OR 2
550	550	MORTGAGES (OR OTHER ENCUMBRANCE S) ON THE PROPERTY AT Y OUR DEATH. 3
551	551	PROBATE IS NOT REQUIR ED. THE TOD DEED HAS NO EFFECT U NTIL YOU DIE. YOU 4
552	552	CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERT Y TO 5
553	553	SOMEONE ELSE DURING YOU R LIFETIME. IF YOU DO NOT OWN ANY INTEREST IN THE 6
554	554	PROPERTY WHEN YOU DI E, THIS DEED WILL HAVE NO EFFECT. 7
555	555
556	556	HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM . HAVE IT 8
557	557	ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR O THER INDIVIDUAL AUTH ORIZED 9
558	558	UNDER LAW TO TAKE ACKNOWLEDG MENTS. RECORD THE FORM IN EA CH [COUNTY] 10
559	559	WHERE ANY PART OF TH E PROPERTY IS LOCATE D. THE FORM HAS NO EFFEC T 11
560	560	UNLESS IT IS ACKNOWL EDGED AND RECORDED B EFORE YOUR DEATH . 12
561	561
562	562	IS THE “LEGAL DESCRIPTION ” OF THE PROPERTY NECE SSARY? YES. 13
563	563
564	564	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 14
565	565	INFORMATION MAY BE O N THE DEED YOU RECEI VED WHEN YOU BECAME AN OWNER 15
566	566	OF THE PROPERTY . THIS INFORMATION MAY ALSO BE AVAILABLE IN THE OFFICE OF 16
567	567	THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY WHERE THE PROP ERTY IS 17
568	568	LOCATED. IF YOU ARE NOT ABSOLU TELY SURE, CONSULT A LAWYER . 18
569	569
570	570	CAN I CHANGE MY MIND BEFOR E I RECORD THE TOD DEED? YES. IF 19
571	571	YOU HAVE NOT YET REC ORDED THE DEED AND W ANT TO CHANGE YOUR M IND, 20
572	572	SIMPLY TEAR UP OR OT HERWISE DESTROY THE DEED. 21
573	573
574	574	HOW DO I “RECORD” THE TOD DEED? TAKE THE COMPLETED AN D 22
575	575	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 23
576	576	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 24
577	577	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 25
578	578	IF THE PROPERTY IS IN MORE TH AN ONE COUNTY , YOU SHOULD RECORD TH E DEED 26
579	579	IN EACH COUNTY . 27
580	580
581	581	CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND ? YES. YOU 28
582	582	CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFI CIARIES, CAN 29
583	583	PREVENT YOU FROM REV OKING THE DEED . 30
584	584
585	585	HOW DO I REVOKE THE TOD DEED AFTER IT IS REC ORDED? THERE ARE 31
586	586	THREE WAYS TO REVOKE A RECORDED TOD DEED: (1) COMPLETE AND 32
587	587	ACKNOWLEDGE A REVOCA TION FORM, AND RECORD IT IN EAC H COUNTY WHERE THE 33
588	588	PROPERTY IS LOCATED . (2) COMPLETE AND ACKNOWLE DGE A NEW TOD DEED THAT 34
589	589	DISPOSES OF THE SAME PRO PERTY, AND RECORD IT IN EAC H COUNTY WHERE THE 35
590	590	PROPERTY IS LOCATED . (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURI NG 36 14 SENATE BILL 853
591	591
592	592
593	593	YOUR LIFETIME BY A R ECORDED DEED THAT EX PRESSLY REVOKES THE TOD DEED. 1
594	594	YOU MAY NOT REVOKE TH E TOD DEED BY WILL. 2
595	595
596	596	I AM BEING PRESSURED TO CO MPLETE THIS FORM . WHAT SHOULD I DO? 3
597	597	DO NOT COMPLETE THIS FORM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 4
598	598	FAMILY MEMBER , FRIEND, OR LAWYER. 5
599	599
600	600	DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TOD DEED? NO, 6
601	601	BUT IT IS RECOMMENDE D. SECRECY CAN C AUSE LATER COMPLICAT IONS AND MIGHT 7
602	602	MAKE IT EASIER FOR O THERS TO COMMIT FRAU D. 8
603	603
604	604	I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? 9
605	605	THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS . IF YOU HAVE 10
606	606	OTHER QUESTIONS , YOU ARE ENCOURAGED T O CONSULT A LAWYER. 11
607	607
608	608	16.5–503. 12
609	609
610	610	(A) THIS TITLE GOVERNS TH E EFFECT OF THE FORM PROVIDED UNDER THIS 13
611	611	SECTION, OR ANY OTHER INSTRUM ENT USED TO REVOKE A TRANSFER–ON–DEATH 14
612	612	DEED. 15
613	613
614	614	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 16
615	615	REVOCATION UNDER THI S SUBTITLE: 17
616	616
617	617	REVOCATION OF TRANSFER –ON–DEATH (TOD) DEED 18
618	618
619	619	NOTICE TO OWNER 19
620	620
621	621	THIS REVOCATION MUST BE RECORDED BEFORE Y OU DIE OR IT WILL NO T BE 20
622	622	EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 21
623	623	PROPERTY OF THE OWNE R WHO SIGNS THIS REV OCATION. 22
624	624
625	625	IDENTIFYING INFORMATION 23
626	626
627	627	OWNER OF PROPERTY MAKING THIS REVOCATION: 24
628	628
629	629	___________________________ ______________________________ 25
630	630	PRINTED NAME MAILING ADDRESS 26
631	631
632	632	LEGAL DESCRIPTION OF THE PROPERTY : 27
633	633
634	634	____________________________________________________________ 28
635	635	SENATE BILL 853 15
636	636
637	637
638	638	REVOCATION 1
639	639
640	640	I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 2
641	641	TRANSFER–ON–DEATH DEED. 3
642	642
643	643	SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 4
644	644
645	645	_______________________________ [(SEAL)]_________________ 5
646	646	SIGNATURE DATE 6
647	647
648	648	ACKNOWLEDGMENT 7
649	649
650	650	(INSERT ACKNOWLEDGMEN T HERE) 8
651	651
652	652	I HEREBY CERTIFY THAT THIS REVOCATION OF T RANSFER–ON–DEATH DEED WAS 9
653	653	PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 10
654	654	BENEFICIARY), A PARTY TO THIS INST RUMENT. 11
655	655
656	656	SIGNATURE ____________________________ 12
657	657	PRINTED NAME: ________________________ 13
658	658
659	659	(C) THE FOLLOWING MAY BE USED AS AN INFORMATI ONAL SHEET TO 14
660	660	EXPLAIN THE REVOCATI ON FORM FOR TRANSFER –ON–DEATH DEED: 15
661	661
662	662	COMMON QUESTIONS ABOUT REVOKING A TRANSFER –ON–DEATH 16
663	663	DEED 17
664	664
665	665	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 18
666	666	REVOCATION OF A TRANSFER –ON–DEATH DEED AT THE OFFICE OF 19
667	667	LAND RECORDS. 20
668	668
669	669	HOW DO I USE THIS FORM TO REV OKE A TRANSFER –ON–DEATH (TOD) DEED? 21
670	670	COMPLETE THIS FORM . HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBL IC OR 22
671	671	OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS . 23
672	672	RECORD THE FORM IN TH E PUBLIC LAND RECORD S OF EACH COUNTY WHE RE THE 24
673	673	PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDE D 25
674	674	BEFORE YOUR DEATH OR IT HAS NO EFFECT. 26
675	675
676	676	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 27
677	677	INFORMATION MAY BE O N THE TOD DEED. IT MAY ALSO BE AVAILA BLE IN THE 28
678	678	PUBLIC LAND RECORDS FOR THE COUNTY WHERE THE PROPERTY IS LOCA TED. IF 29
679	679	YOU ARE NOT ABSOLUTE LY SURE, CONSULT A LAWYER . 30
680	680	16 SENATE BILL 853
681	681
682	682
683	683	HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 1
684	684	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 2
685	685	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 3
686	686	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 4
687	687	IF THE PROPERTY IS LO CATED IN MORE THAN ONE COU NTY, YOU SHOULD RECORD 5
688	688	THE FORM IN EACH OF THOSE COUNTIES . 6
689	689
690	690	I AM BEING PRESSURED T O COMPLETE THIS FORM . WHAT SHOULD I DO? DO 7
691	691	NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 8
692	692	FAMILY MEMBER , FRIEND, OR LAWYER. 9
693	693
694	694	I HAVE OTH ER QUESTIONS ABOUT T HIS FORM. WHAT SHOULD I DO? THIS 10
695	695	FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 11
696	696	QUESTIONS, CONSULT A LAWYER . 12
697	697
698	698	SUBTITLE 6. EFFECT ON FEDERAL LAW. 13
699	699
700	700	16.5–601. 14
701	701
702	702	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 15
703	703	ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 16
704	704	SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 17
705	705	101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 18
706	706	DELIVERY OF ANY OF T HE NOTICES DESCRIBE D IN SECTION 103(B) OF THAT ACT, 15 19
707	707	U.S.C. SECTION 7003(B). 20
708	708
709	709	Article – Real Property 21
710	710
711	711	3–104. 22
712	712
713	713	(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23
714	714	PARAGRAPH , THE Clerk of the Circuit Court may record an instrument that effects a 24
715	715	change of ownership if the instrument is: 25
716	716
717	717	[(i)] 1. Endorsed with the certificate of the collector of taxes of the 26
718	718	county in which the property is assessed, required under subsection (b) of this section; 27
719	719
720	720	[(ii)] 2. [1.] A. Accompanied by a complete intake sheet; or 28
721	721
722	722	[2.] B. Endorsed by the assessment office for the county as 29
723	723	provided in subsection (g)(8) of this section; and 30
724	724
725	725	[(iii)] 3. Accompanied by a copy of the instrument, and any survey, 31
726	726	for submission to the Department of Assessments and Taxation. 32 SENATE BILL 853 17
727	727
728	728
729	729
730	730	(II) 1. THE REQUIREMENTS OF S UBPARAGRAPH (I)1 AND 2B 1
731	731	OF THIS PARAGRAPH DO NOT APPLY TO THE REC ORDATION OF A 2
732	732	TRANSFER–ON–DEATH DEED OR A REVO CATION OF A TRANSFER –ON–DEATH DEE D 3
733	733	EXECUTED IN ACCORDAN CE WITH TITLE 16.5 OF THE ESTATES AND TRUSTS 4
734	734	ARTICLE. 5
735	735
736	736	2. THE CLERK OF THE CIRCUIT COURT SHALL SUBMIT 6
737	737	TO THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION A COPY OF AN Y 7
738	738	TRANSFER–ON–DEATH DEED OR A REVO CATION OF A TRANSFER –ON–DEATH DEED 8
739	739	THAT IT RECORDS : 9
740	740
741	741	A. WITH ANY SURVEY; AND 10
742	742
743	743	B. WITHOUT A CERTIFICATE OF THE COLLECTOR OF 11
744	744	TAXES OF THE COUNTY . 12
745	745
746	746	(2) (I) [The] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 13
747	747	THIS PARAGRAPH , THE Supervisor of Assessments shall transfer ownership of property 14
748	748	in the assessment records, effective as of the date of recordation, upon receipt from the 15
749	749	Clerk of the Circuit Court of a copy of the instrument, the completed intake sheet, and any 16
750	750	survey submitted under paragraph (1) of this subsection. 17
751	751
752	752	(II) 1. FOR A TRANSFER –ON–DEATH DEED OR THE 18
753	753	REVOCATION OF A TRAN SFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH 19
754	754	TITLE 16.5 OF THE ESTATES AND TRUSTS ARTICLE, ON RECEIPT FROM THE CLERK 20
755	755	OF THE CIRCUIT COURT OF A COPY OF TH E INSTRUMENT , THE SUPERVISOR OF 21
756	756	ASSESSMENTS SHALL RECOR D THE TRANSFER –ON–DEATH DEED OR THE 22
757	757	REVOCATION OF THE TR ANSFER–ON–DEATH DEED IN THE RE GISTRY ESTABLISHED 23
758	758	BY THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 24
759	759
760	760	2. PROVIDED THAT THERE I S NOT A REVOCATION 25
761	761	RECORDED SUBSEQUENT TO THE RECORDATION OF A TRA NSFER–ON–DEATH DEED, 26
762	762	OWNERSHIP OF A PROPE RTY THAT IS THE SUBJ ECT OF THE TRANSFER –ON–DEATH 27
763	763	DEED MAY BE TRANSFER RED IN THE ASSESSMEN T RECORDS ONLY FOLLO WING THE 28
764	764	DEATH OF THE TRANSFE ROR NAMED ON THE TRA NSFER–ON–DEATH DEED. 29
765	765
766	766	(b) (1) (i) Except as provided in subsection (c) of this section, property may 30
767	767	not be transferred on the assessment books or records until: 31
768	768
769	769	1. All public taxes, assessments, and charges currently due 32
770	770	and owed on the property have been paid to the treasurer, tax collector, or director of 33
771	771	finance of the county in which the property is assessed; and 34
772	772	18 SENATE BILL 853
773	773
774	774
775	775	2. All taxes on personal property in the county due by the 1
776	776	transferor have been paid when all land owned by the transferor in the county is being 2
777	777	transferred. 3
778	778
779	779	(ii) The certificate of the collecting agent designated by law, showing 4
780	780	that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and 5
781	781	the endorsement shall be sufficient authority for transfer on the assessment books. 6
782	782
783	783	(2) (i) Except as provided in subsection (c) of this section, in Allegany, 7
784	784	Cecil, Charles, Dorchester, Harford, Howard, Kent, Queen Anne’s, Somerset, and St. 8
785	785	Mary’s counties no property may be transferred on the assessment books or records until: 9
786	786
787	787	1. All public taxes, assessments, any charges due a 10
788	788	municipal corporation, and charges due on the property have been paid as required by law; 11
789	789	and 12
790	790
791	791	2. All taxes on personal property in the county due by the 13
792	792	transferor have been paid when all land owned by the transferor in the county and 14
793	793	municipal corporation is being transferred. 15
794	794
795	795	(ii) The certificate of the collecting agent and municipal corporation 16
796	796	designated by law showing that all taxes, assessments, and charges have been paid, shall 17
797	797	be endorsed on the deed and the endorsement shall be sufficient authority for transfer on 18
798	798	the assessment books. 19
799	799
800	800	(c) (1) (i) The requirements for prepayment of personal property taxes in 20
801	801	subsection (b) of this section do not apply to grants of land made: 21
802	802
803	803	1. By or on behalf of any mortgagee, lien creditor, trustee of 22
804	804	a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 23
805	805	court–appointed officer in an insolvency or liquidation proceeding; or 24
806	806
807	807	2. By a deed in lieu of foreclosure to any holder of a mortgage 25
808	808	or deed of trust or to the holder’s assignee or designee. 26
809	809
810	810	(ii) Notwithstanding any other provision of law, and except as 27
811	811	provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 28
812	812	instrument that effects a grant of land described in subparagraph (i) of this paragraph, the 29
813	813	land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 30
814	814	unpaid taxes on personal property. 31
815	815
816	816	(iii) Subparagraph (ii) of this paragraph does not apply to: 32
817	817
818	818	1. Any lien for unpaid taxes on personal property that 33
819	819	attached to the land by recording and indexing a notice as provided in § 14–804(b) of the 34
820	820	Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 35 SENATE BILL 853 19
821	821
822	822
823	823	encumbrance giving rise to the grant of land described in subparagraph (i) of this 1
824	824	paragraph; or 2
825	825
826	826	2. Unpaid taxes on personal property owed by the transferee 3
827	827	or subsequent owner of the land after a grant of land described in subparagraph (i) of this 4
828	828	paragraph. 5
829	829
830	830	(iv) This paragraph does not affect the rights of the personal property 6
831	831	tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 7
832	832	in a grant of land described in subparagraph (i) of this paragraph. 8
833	833
834	834	(2) Subsection (b) of this section does not apply in Charles, St. Mary’s, 9
835	835	Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 10
836	836	Frederick and Washington counties to any deed executed as a mere conduit or for 11
837	837	convenience in holding and passing title, known popularly as a straw deed or, as provided 12
838	838	in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 13
839	839	which is a supplementary instrument merely confirming, correcting, or modifying a 14
840	840	previously recorded deed, if there is no actual consideration paid or to be paid for the 15
841	841	execution of the supplementary instrument. 16
842	842
843	843	(3) Subsection (b) of this section does not apply in Baltimore City and Anne 17
844	844	Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 18
845	845	transferring property to the county when the controller or treasurer of the county has 19
846	846	certified that the conveyance does not impair the security for any public taxes, assessments, 20
847	847	and charges due on the remaining property of the grantor. 21
848	848
849	849	(4) (i) Property may be transferred on the assessment books or records 22
850	850	in July, August, or September if instead of paying the taxes required under subsection (b)(1) 23
851	851	of this section on a property transfer by assumption, a lender or the attorney handling the 24
852	852	transfer of title files with the county treasurer, tax collector, or director of finance of the 25
853	853	county in which the property is assessed a statement that certifies that the lender 26
854	854	maintains a real estate tax escrow account. 27
855	855
856	856	(ii) Upon receipt of the statement required in subparagraph (i) of 28
857	857	this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 29
858	858	the deed an appropriate certification and the endorsement shall be sufficient authority for 30
859	859	transfer on the assessment books. 31
860	860
861	861	(5) At the time of transfer of real property subject to a semiannual payment 32
862	862	schedule for the payment of property taxes, only those semiannual payments that are due 33
863	863	for the current taxable year under § 10–204.3 of the Tax – Property Article must be paid 34
864	864	prior to the transfer of the property. 35
865	865
866	866	(d) Every deed or other instrument offered for recordation shall have the name of 36
867	867	each person typed or printed directly above or below the signature of the person. If a typed 37
868	868	or printed name is not provided as required in this subsection, the clerk shall make 38 20 SENATE BILL 853
869	869
870	870
871	871	reasonable efforts to determine the correct name under which the deed or other instrument 1
872	872	shall be indexed. 2
873	873
874	874	(e) (1) Any printed deed or other instrument offered for recordation shall be 3
875	875	printed in not less than eight–point type and in black letters and be on white paper of 4
876	876	sufficient weight and thickness to be clearly readable. If the deed or other instrument is 5
877	877	wholly typewritten or typewritten on a printed form, the typewriting shall be in black 6
878	878	letters, in not less than elite type and upon white paper of sufficient weight or thickness as 7
879	879	to be clearly readable. The foregoing provisions do not apply to manuscript covers or backs 8
880	880	customarily used on documents offered for recordation. The recording charge for any 9
881	881	instrument not conforming to these requirements shall be treble the normal charge. In any 10
882	882	clerk’s office where the deeds or other instruments are photostated or microfilmed, no 11
883	883	instrument on which a rider has been placed or attached in a manner obscuring, hiding, or 12
884	884	covering any other part of the instrument may be offered or received for record. No 13
885	885	instrument not otherwise readily subject to photostating or microfilming may be offered or 14
886	886	received for record until treble the normal recording charge is paid to the clerk and unless 15
887	887	an affidavit, black type on white paper, is attached and made a part of the document stating 16
888	888	the kind of instrument, the date, the parties to the transaction, description of the property, 17
889	889	and all other pertinent data. After any document has been recorded in one county, a 18
890	890	certified copy of the recorded document may be recorded in any other county. 19
891	891
892	892	(2) A certified copy of any document from a state, commonwealth, territory, 20
893	893	or possession of the United States, or the District of Columbia that would otherwise be 21
894	894	recordable under Maryland law may be recorded in this State, if the document contains: 22
895	895
896	896	(i) An original certification made by the clerk or other governmental 23
897	897	official having responsibility for the certification or authentication of recorded documents 24
898	898	in the jurisdiction where the document is recorded; and 25
899	899
900	900	(ii) An indication of the recording reference and court or other public 26
901	901	registry where the original document is recorded. 27
902	902
903	903	(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes 28
904	904	review of an instrument by the certifying attorney. 29
905	905
906	906	(ii) A deed other than a mortgage, a deed of trust, an assignment of 30
907	907	rents, an assignment of a lease for security purposes, or an assignment or a release of a 31
908	908	mortgage or a deed of trust may not be recorded unless it bears: 32
909	909
910	910	1. The certification of an attorney admitted to the Bar of this 33
911	911	State that the instrument has been prepared by the attorney or under the attorney’s 34
912	912	supervision; or 35
913	913
914	914	2. A certification by a party named in the instrument that 36
915	915	the instrument was prepared by that party. 37
916	916	SENATE BILL 853 21
917	917
918	918
919	919	(iii) A mortgage, a deed of trust, an assignment of rents, an 1
920	920	assignment of a lease for security purposes, or an assignment or a release of a mortgage or 2
921	921	a deed of trust prepared by any attorney or one of the parties named in the instrument may 3
922	922	be recorded without the certification required under subparagraph (ii) of this paragraph. 4
923	923
924	924	(2) Every deed recorded in Prince George’s County shall contain a reference 5
925	925	to the election district in which the property described in the deed is located. 6
926	926
927	927	(3) Every deed or other instrument recorded in Talbot County shall have 7
928	928	written, typed, or printed on its back, to be readily visible when folded for filing in the 8
929	929	appropriate drawer or file, the name of every party to the deed or other instrument and the 9
930	930	nature or character of the instrument. 10
931	931
932	932	(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 11
933	933	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH T HE REQUIREMENTS 12
934	934	OF TITLE 16.5 OF THE ESTATES AND TRUSTS ARTICLE. 13
935	935
936	936	(II) No deed granting property lying within the boundaries of any 14
937	937	sanitary district operated by the County Commissioners of Worcester County may be 15
938	938	accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 16
939	939	county to indicate that every assessment or charge currently due and owed to the county 17
940	940	with respect to the property described in the deed has been paid. 18
941	941
942	942	(5) (I) In Frederick County, if the property to be transferred is a 19
943	943	subdivision, which is being dissected from a larger tract of land, then every public tax, 20
944	944	assessment, and charge due on the larger tract shall be paid before the property is 21
945	945	transferred on the assessment books or land records. 22
946	946
947	947	(II) Notwithstanding any other provision of this section, in Frederick 23
948	948	County the certificate of the Treasurer and the appropriate municipal tax collector, if the 24
949	949	property is within an incorporated town or city, showing that every tax has been paid shall 25
950	950	be endorsed on the deed. The endorsement is sufficient authority for transfer on the 26
951	951	assessment books or land records. 27
952	952
953	953	(6) Every deed granting a right–of–way or other easement to a public 28
954	954	utility, public agency, or a department or agency of the State shall contain an accurate and 29
955	955	definite description as well as a reference to the liber and folio where the servient land was 30
956	956	granted and a recitation of the grantors, grantees, and the date of the reference deed. 31
957	957
958	958	(g) (1) This subsection does not apply to: 32
959	959
960	960	(i) An assignment of a mortgage or if presented for recordation, an 33
961	961	assignment of a deed of trust; 34
962	962
963	963	(ii) A release of a deed of trust or mortgage; 35
964	964	22 SENATE BILL 853
965	965
966	966
967	967	(iii) A substitution of trustees on a deed of trust; 1
968	968
969	969	(iv) A power of attorney; 2
970	970
971	971	(v) A financing statement or an amendment, continuation, release, 3
972	972	or termination of a financing statement recorded in land records; or 4
973	973
974	974	(vi) A restrictive covenant modification executed under § 3–112 of 5
975	975	this subtitle. 6
976	976
977	977	(2) Except as provided in paragraph (1) of this subsection, each deed or 7
978	978	other instrument affecting property and presented for recordation shall be: 8
979	979
980	980	(i) Accompanied by a complete intake sheet, on the form that the 9
981	981	Administrative Office of the Courts provides; or 10
982	982
983	983	(ii) Endorsed as provided under paragraph (8) of this subsection. 11
984	984
985	985	(3) A complete intake sheet shall: 12
986	986
987	987	(i) Describe the property by at least one of the following property 13
988	988	identifiers: 14
989	989
990	990	1. The property tax account identification number, if any, or 15
991	991	in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 16
992	992	from the tax account number; 17
993	993
994	994	2. The street address, if any; 18
995	995
996	996	3. If the property is a lot within a subdivided tract, the lot 19
997	997	and block designation, or in Baltimore City, the current land record block number; 20
998	998
999	999	4. If the property is part of a tract that has been subdivided 21
1000	1000	informally and there is neither an assigned tax account identification number for the parcel 22
1001	1001	nor a lot and block designation, then the street address, if any, or the amount of acreage; 23
1002	1002	or 24
1003	1003
1004	1004	5. If the property consists of multiple parcels, the 25
1005	1005	designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 26
1006	1006
1007	1007	(ii) Name each grantor, donor, mortgagor, and assignor and each 27
1008	1008	grantee, donee, mortgagee, and assignee; 28
1009	1009
1010	1010	(iii) State the type of instrument; 29
1011	1011	SENATE BILL 853 23
1012	1012
1013	1013
1014	1014	(iv) State the amount of consideration payable, including the amount 1
1015	1015	of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 2
1016	1016	secured; 3
1017	1017
1018	1018	(v) State the amount of recording charges due, including the land 4
1019	1019	records surcharge and any transfer and recordation taxes; 5
1020	1020
1021	1021	(vi) Identify, by citation or explanation, each claimed exemption from 6
1022	1022	recording taxes; 7
1023	1023
1024	1024	(vii) For an instrument effecting a change in ownership, state a tax 8
1025	1025	bill mailing address; and 9
1026	1026
1027	1027	(viii) Indicate the person to whom the instrument is to be returned. 10
1028	1028
1029	1029	(4) An intake sheet may request any other information that the 11
1030	1030	Administrative Office of the Courts considers necessary in expediting transfers of property 12
1031	1031	or recording and indexing of instruments. 13
1032	1032
1033	1033	(5) A clerk may not charge any fee for recording an intake sheet. 14
1034	1034
1035	1035	(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
1036	1036	PARAGRAPH , A clerk may not refuse to record an instrument that does not effect a change 16
1037	1037	of ownership on the assessment books solely because it is not accompanied by an intake 17
1038	1038	sheet. 18
1039	1039
1040	1040	(II) A CLERK MAY REFUSE TO RECORD A TRANSFER –ON–DEATH 19
1041	1041	DEED EXECUTED IN ACC ORDANCE WITH TITLE 16.5 OF THE ESTATES AND TRUSTS 20
1042	1042	ARTICLE IF IT IS NOT ACCOMPANIED BY AN IN TAKE SHEET. 21
1043	1043
1044	1044	(7) A clerk may refuse to record a deed or instrument that effects a change 22
1045	1045	of ownership on the assessment rolls if the instrument is not accompanied by a complete 23
1046	1046	intake sheet or endorsed as transferred on the assessment books by the assessment office 24
1047	1047	for the county where the property is located. 25
1048	1048
1049	1049	(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 26
1050	1050	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 16.5 OF THE 27
1051	1051	ESTATES AND TRUSTS ARTICLE. 28
1052	1052
1053	1053	(II) If a deed or other instrument that effects a change in ownership 29
1054	1054	is submitted for transfer on the assessment books without an intake sheet, the person 30
1055	1055	offering the deed or other instrument shall mail or deliver to the person having charge of 31
1056	1056	the assessment books the information required on the intake sheet. 32
1057	1057
1058	1058	[(ii)] (III) When property is transferred on the assessment books 33
1059	1059	under this paragraph: 34 24 SENATE BILL 853
1060	1060
1061	1061
1062	1062
1063	1063	1. The transfer shall be to the grantee or assignee named in 1
1064	1064	the deed or other instrument; and 2
1065	1065
1066	1066	2. The person recording the transfer shall evidence the fact 3
1067	1067	of the transfer on the deed or other instrument. 4
1068	1068
1069	1069	[(iii)] (IV) An endorsement under this paragraph is sufficient to 5
1070	1070	authorize the recording of the deed or other instrument by the clerk of the appropriate 6
1071	1071	court. 7
1072	1072
1073	1073	(9) A clerk may not record an instrument that effects a real property lease 8
1074	1074	dealing in natural gas and oil unless the instrument is accompanied by a complete intake 9
1075	1075	sheet. 10
1076	1076
1077	1077	(10) (i) An intake sheet shall be recorded immediately after the 11
1078	1078	instrument it accompanies. 12
1079	1079
1080	1080	(ii) The intake sheet is not part of the instrument and does not 13
1081	1081	constitute constructive notice as to the contents of the instrument. 14
1082	1082
1083	1083	(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 15
1084	1084	TRANSFER–ON–DEATH DEED. 16
1085	1085
1086	1086	2. The lack of an intake sheet does not affect the validity of 17
1087	1087	any conveyance, lien, or lien priority based on recordation of an instrument. 18
1088	1088
1089	1089	(H) THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION SHALL 19
1090	1090	DEVELOP AND IMPLEMEN T A REGISTRY FOR THE REGISTRATION OF 20
1091	1091	TRANSFER–ON–DEATH DEEDS FOR THE PURPOSE OF THE TRANS FERRING OF 21
1092	1092	OWNERSHIP OF A PROPE RTY ON THE ASSESSMENT RECORDS ON THE DEATH OF THE 22
1093	1093	TRANSFEROR INDICATED ON THE TRANSFER –ON–DEATH DEED. 23
1094	1094
1095	1095	Article – Tax – Property 24
1096	1096
1097	1097	12–108. 25
1098	1098
1099	1099	(II) A REAL PROPERTY TRANSF ER–ON–DEATH DEED UNDER TITLE 16.5 OF 26
1100	1100	THE ESTATES AND TRUSTS ARTICLE IS NOT SUBJEC T TO RECORDATION TAX . 27
1101	1101
1102	1102	13–207. 28
1103	1103
1104	1104	(a) An instrument of writing is not subject to transfer tax to the same extent that 29
1105	1105	it is not subject to recordation tax under: 30
1106	1106	SENATE BILL 853 25
1107	1107
1108	1108
1109	1109	(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 1
1110	1110	in bankruptcy); [or] 2
1111	1111
1112	1112	(26) § 12–108(hh) of this article (Transfer of real property within the Laurel 3
1113	1113	Park racing facility site, Pimlico racing facility site, Pimlico site, or Bowie Race Course 4
1114	1114	Training Center property); OR 5
1115	1115
1116	1116	(27) § 12–108(II) OF THIS ARTICLE (REAL PROPER TY 6
1117	1117	TRANSFER–ON–DEATH DEED). 7
1118	1118
1119	1119	13–414. 8
1120	1120
1121	1121	AN INSTRUMENT OF WRIT ING THAT IS EXEMPT F ROM RECORDATION TAX 9
1122	1122	UNDER § 12–208(II) (REAL PROPERTY TRANSFE R–ON–DEATH DEED ) IS NOT 10
1123	1123	SUBJECT TO COUNTY TR ANSFER TAX. 11
1124	1124
1125	1125	SECTION 2. AND BE IT FURTHER ENACTED, That this Act, to the extent 12
1126	1126	practicable, shall be interpreted and enforced by a court in accordance with existing law 13
1127	1127	governing life estates with powers of alienation. 14
1128	1128
1129	1129	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 15
1130	1130	transfer–on–death deed that was made before, on, or after the effective date of this Act by 16
1131	1131	a transferor who dies on or after the effective date of this Act. 17
1132	1132
1133	1133	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
1134	1134	October 1, 2022. 19
1135	1135