Maryland 2023 Regular Session

Maryland Senate Bill SB146 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	sb0146
6	6
7	7	SENATE BILL 146
8	8	N1, N2 3lr1014
9	9	SB 853/22 – JPR CF 3lr0643
10	10	By: Senator Beidle
11	11	Introduced and read first time: January 16, 2023
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; providing example forms for 7
25	25	the creation and revocation of a transfer–on–death deed; altering certain recording 8
26	26	requirements for th e clerks of the circuit court; exempting a 9
27	27	transfer–on–death deed from certain property transfer taxes; providing for the 10
28	28	interpretation of this Act; providing for the retroactive application of this Act to 11
29	29	transfer–on–death deeds executed prior to the effective date of this Act; and 12
30	30	generally relating to transfer–on–death deeds. 13
31	31
32	32	BY adding to 14
33	33	Article – Estates and Trusts 15
34	34	Section 1–402 to be under the amended subtitle “Subtitle 4. Nontestamentary 16
35	35	Transfers” 17
36	36	Annotated Code of Maryland 18
37	37	(2022 Replacement Volume and 2022 Supplement) 19
38	38
39	39	BY repealing and reenacting, without amendments, 20
40	40	Article – Estates and Trusts 21
41	41	Section 9–201(a) and (b) and 9–209(a) 22
42	42	Annotated Code of Maryland 23
43	43	(2022 Replacement Volume and 2022 Supplement) 24
44	44
45	45	BY repealing and reenacting, with amendments, 25
46	46	Article – Estates and Trusts 26
47	47	Section 9–209(e) and (f) and 9–212 27
48	48	Annotated Code of Maryland 28 2 SENATE BILL 146
49	49
50	50
51	51	(2022 Replacement Volume and 2022 Supplement) 1
52	52
53	53	BY repealing and reenacting, with amendments, 2
54	54	Article – Real Property 3
55	55	Section 3–104 4
56	56	Annotated Code of Maryland 5
57	57	(2015 Replacement Volume and 2022 Supplement) 6
58	58
59	59	BY adding to 7
60	60	Article – Real Property 8
61	61	Section 14–801 through 14–814 to be under the new subtitle “Subtitle 8. Maryland 9
62	62	Real Property Transfer–on–Death (TOD) Act” 10
63	63	Annotated Code of Maryland 11
64	64	(2015 Replacement Volume and 2022 Supplement) 12
65	65
66	66	BY adding to 13
67	67	Article – Tax – Property 14
68	68	Section 12–108(ii), 13–207(a)(27), and 13–414 15
69	69	Annotated Code of Maryland 16
70	70	(2019 Replacement Volume and 2022 Supplement) 17
71	71
72	72	BY repealing and reenacting, with amendments, 18
73	73	Article – Tax – Property 19
74	74	Section 13–207(a)(25) and (26) 20
75	75	Annotated Code of Maryland 21
76	76	(2019 Replacement Volume and 2022 Supplement) 22
77	77
78	78	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
79	79	That the Laws of Maryland read as follows: 24
80	80
81	81	Article – Estates and Trusts 25
82	82
83	83	Subtitle 4. [Multiple–Party Accounts] NONTESTAMENTARY TRANSFERS. 26
84	84
85	85	1–402. 27
86	86
87	87	(A) A TRANSFER–ON–DEATH DEED MADE IN A CCORDANCE WITH THE 28
88	88	REQUIREMENTS OF TITLE 14, SUBTITLE 8 OF THE REAL PROPERTY ARTICLE IS 29
89	89	EFFECTIVE ACCORDING TO THE PRO VISIONS OF THAT SUBTITLE. 30
90	90
91	91	(B) TRANSFERS OF REAL PRO PERTY UNDER TITLE 14, SUBTITLE 8 OF THE 31
92	92	REAL PROPERTY ARTICLE ARE EFFECTIVE AS PROVIDED UNDER TH AT SUBTITLE 32
93	93	AND ARE NOT TESTAMENTARY . 33
94	94
95	95	9–201. 34
96	96	SENATE BILL 146 3
97	97
98	98
99	99	(a) In this subtitle the following words have the meanings indicated. 1
100	100
101	101	(b) “Beneficiary designation” means an instrument, other than an instrument 2
102	102	creating a trust, naming the beneficiary of: 3
103	103
104	104	(1) An annuity or insurance policy; 4
105	105
106	106	(2) An account with a designation for payment on death; 5
107	107
108	108	(3) A security registered in beneficiary form; 6
109	109
110	110	(4) A pension, profit–sharing, retirement, or other employment–related 7
111	111	benefit plan; or 8
112	112
113	113	(5) Any other nonprobate transfer at death. 9
114	114
115	115	9–209. 10
116	116
117	117	(a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer 11
118	118	may be effected by personal delivery, first–class mail, or any other method likely to result 12
119	119	in its receipt. 13
120	120
121	121	(e) In the case of an interest created by a beneficiary designation [made] THAT 14
122	122	IS DISCLAIMED before [the time] the designation becomes irrevocable, [a] THE disclaimer 15
123	123	shall be delivered to the person making the beneficiary designation. 16
124	124
125	125	(f) In the case of an interest created by a beneficiary designation [made] THAT 17
126	126	IS DISCLAIMED after [the time] the designation becomes irrevocable[, a]: 18
127	127
128	128	(1) THE disclaimer OF AN INTEREST IN PE RSONAL PROPERTY shall be 19
129	129	delivered to the person obligated to distribute the interest; AND 20
130	130
131	131	(2) THE DISCLAIMER OF AN INTEREST IN REAL PRO PERTY MUST BE 21
132	132	RECORDED IN THE LAND RECORDS OF THE COUNT Y WHERE THE REAL PRO PERTY 22
133	133	THAT IS THE SUBJ ECT OF THE DISCLAIME R IS LOCATED. 23
134	134
135	135	9–212. 24
136	136
137	137	(a) If an instrument transferring an interest in or power over property subject to 25
138	138	a disclaimer is required or permitted by law to be filed, recorded, or registered, the 26
139	139	disclaimer may be filed, recorded, or registered. 27
140	140
141	141	(b) [Failure] EXCEPT AS PROVIDED UN DER § 9–209(F)(2) OF THIS SUBTITLE, 28
142	142	FAILURE to file, record, or register the disclaimer does not affect its validity. 29
143	143
144	144	Article – Real Property 30 4 SENATE BILL 146
145	145
146	146
147	147
148	148	3–104. 1
149	149
150	150	(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 2
151	151	PARAGRAPH , THE Clerk of the Circuit Court may record an instrument that effects a 3
152	152	change of ownership if the instrument is: 4
153	153
154	154	[(i)] 1. Endorsed with the certificate of the collector of taxes of the 5
155	155	county in which the property is assessed, required under subsection (b) of this section; 6
156	156
157	157	[(ii) 1.] 2. A. Accompanied by a complete intake sheet; or 7
158	158
159	159	[2.] B. Endorsed by the assessment office for the county as 8
160	160	provided in subsection (g)(8) of this section; and 9
161	161
162	162	[(iii)] 3. Accompanied by a copy of the instrument, and any survey, 10
163	163	for submission to the Department of Assessments and Taxation. 11
164	164
165	165	(II) THE REQUIREMENTS OF S UBPARAGRAPH (I)1 AND 2B OF 12
166	166	THIS PARAGRAPH DO NO T APPLY TO THE RECOR DATION OF A 13
167	167	TRANSFER–ON–DEATH DEED OR A REVO CATION OF A TRAN SFER–ON–DEATH DEED 14
168	168	EXECUTED IN ACCORDAN CE WITH TITLE 14, SUBTITLE 8 OF THIS ARTICLE. 15
169	169
170	170	(2) (I) [The] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 16
171	171	THIS PARAGRAPH , THE Supervisor of Assessments shall transfer ownership of property 17
172	172	in the assessment records, effective as of the date of recordation, upon receipt from the 18
173	173	Clerk of the Circuit Court of a copy of the instrument, the completed intake sheet, and any 19
174	174	survey submitted under paragraph (1) of this subsection. 20
175	175
176	176	(II) PROVIDED THAT THERE I S NOT A REVOCATION O F A 21
177	177	TRANSFER–ON–DEATH DEED DESIGNATI NG A BENEFICIARY REC ORDED 22
178	178	SUBSEQUENT TO THE RE CORDATION OF A TRANS FER–ON–DEATH DEED, OWNERSHIP 23
179	179	OF A PROPERTY THAT I S THE SUBJECT OF THE TRANSFE R–ON–DEATH DEED MAY BE 24
180	180	TRANSFERRED IN THE A SSESSMENT RECORDS TO THE DESIGNATED BENEF ICIARY 25
181	181	ONLY FOLLOWING THE D EATH OF THE TRANSFER OR NAMED ON THE 26
182	182	TRANSFER–ON–DEATH DEED. 27
183	183
184	184	(b) (1) (i) Except as provided in subsection (c) of this section, property may 28
185	185	not be transferred on the assessment books or records until: 29
186	186
187	187	1. All public taxes, assessments, and charges currently due 30
188	188	and owed on the property have been paid to the treasurer, tax collector, or director of 31
189	189	finance of the county in which the property is assessed; and 32
190	190
191	191	2. All taxes on personal property in the county due by the 33 SENATE BILL 146 5
192	192
193	193
194	194	transferor have been paid when all land owned by the transferor in the county is being 1
195	195	transferred. 2
196	196
197	197	(ii) The certificate of the collecting agent designated by law, showing 3
198	198	that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and 4
199	199	the endorsement shall be sufficient authority for transfer on the assessment books. 5
200	200
201	201	(2) (i) Except as provided in subsection (c) of this section, in Allegany, 6
202	202	Cecil, Charles, Dorchester, Harford, Howard, Kent, Queen Anne’s, Somerset, and St. 7
203	203	Mary’s counties no property may be transferred on the assessment books or records until: 8
204	204
205	205	1. All public taxes, assessments, any charges due a 9
206	206	municipal corporation, and charges due on the property have been paid as required by law; 10
207	207	and 11
208	208
209	209	2. All taxes on personal property in the county due by the 12
210	210	transferor have been paid when all land owned by the transferor in the county and 13
211	211	municipal corporation is being transferred. 14
212	212
213	213	(ii) The certificate of the collecting agent and municipal corporation 15
214	214	designated by law showing that all taxes, assessments, and charges have been paid, shall 16
215	215	be endorsed on the deed and the endorsement shall be sufficient authority for transfer on 17
216	216	the assessment books. 18
217	217
218	218	(c) (1) (i) The requirements for prepayment of personal property taxes in 19
219	219	subsection (b) of this section do not apply to grants of land made: 20
220	220
221	221	1. By or on behalf of any mortgagee, lien creditor, trustee of 21
222	222	a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 22
223	223	court–appointed officer in an insolvency or liquidation proceeding; or 23
224	224
225	225	2. By a deed in lieu of foreclosure to any holder of a mortgage 24
226	226	or deed of trust or to the holder’s assignee or designee. 25
227	227
228	228	(ii) Notwithstanding any other provision of law, and except as 26
229	229	provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 27
230	230	instrument that effects a grant of land described in subparagraph (i) of this paragraph, the 28
231	231	land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 29
232	232	unpaid taxes on personal property. 30
233	233
234	234	(iii) Subparagraph (ii) of this paragraph does not apply to: 31
235	235
236	236	1. Any lien for unpaid taxes on personal property that 32
237	237	attached to the land by recording and indexing a notice as provided in § 14–804(b) of the 33
238	238	Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 34
239	239	encumbrance giving rise to the grant of land described in subparagraph (i) of this 35
240	240	paragraph; or 36 6 SENATE BILL 146
241	241
242	242
243	243
244	244	2. Unpaid taxes on personal property owned by the 1
245	245	transferee or subsequent owner of the land after a grant of land described in subparagraph 2
246	246	(i) of this paragraph. 3
247	247
248	248	(iv) This paragraph does not affect the rights of the personal property 4
249	249	tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 5
250	250	in a grant of land described in subparagraph (i) of this paragraph. 6
251	251
252	252	(2) Subsection (b) of this section does not apply in Charles, St. Mary’s, 7
253	253	Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 8
254	254	Frederick and Washington counties to any deed executed as a mere conduit or for 9
255	255	convenience in holding and passing title, known popularly as a straw deed or, as provided 10
256	256	in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 11
257	257	which is a supplementary instrument merely confirming, correcting, or modifying a 12
258	258	previously recorded deed, if there is no actual consideration paid or to be paid for the 13
259	259	execution of the supplementary instrument. 14
260	260
261	261	(3) Subsection (b) of this section does not apply in Baltimore City and Anne 15
262	262	Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 16
263	263	transferring property to the county when the controller or treasurer of the county has 17
264	264	certified that the conveyance does not impair the security for any public taxes, assessments, 18
265	265	and charges due on the remaining property of the grantor. 19
266	266
267	267	(4) (i) Property may be transferred on the assessment books or records 20
268	268	in July, August, or September if instead of paying the taxes required under subsection (b)(1) 21
269	269	of this section on a property transfer by assumption, a lender or the attorney handling the 22
270	270	transfer of title files with the county treasurer, tax collector, or director of finance of the 23
271	271	county in which the property is assessed a statement that certifies that the lender 24
272	272	maintains a real estate tax escrow account. 25
273	273
274	274	(ii) Upon receipt of the statement required in subparagraph (i) of 26
275	275	this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 27
276	276	the deed an appropriate certification and the endorsement shall be sufficient authority for 28
277	277	transfer on the assessment books. 29
278	278
279	279	(5) At the time of transfer of real property subject to a semiannual payment 30
280	280	schedule for the payment of property taxes, only those semiannual payments that are due 31
281	281	for the current taxable year under § 10–204.3 of the Tax – Property Article must be paid 32
282	282	prior to the transfer of the property. 33
283	283
284	284	(d) Every deed or other instrument offered for recordation shall have the name of 34
285	285	each person typed or printed directly above or below the signature of the person. If a typed 35
286	286	or printed name is not provided as required in this subsection, the clerk shall make 36
287	287	reasonable efforts to determine the correct name under which the deed or other instrument 37
288	288	shall be indexed. 38
289	289	SENATE BILL 146 7
290	290
291	291
292	292	(e) (1) Any printed deed or other instrument offered for recordation shall be 1
293	293	printed in not less than eight–point type and in black letters and be on white paper of 2
294	294	sufficient weight and thickness to be clearly readable. If the deed or other instrument is 3
295	295	wholly typewritten or typewritten on a printed form, the typewriting shall be in black 4
296	296	letters, in not less than elite type and upon white paper of sufficient weight or thickness as 5
297	297	to be clearly readable. The foregoing provisions do not apply to manuscript covers or backs 6
298	298	customarily used on documents offered for recordation. The recording charge for any 7
299	299	instrument not conforming to these requirements shall be treble the normal charge. In any 8
300	300	clerk’s office where the deeds or other instruments are photostated or microfilmed, no 9
301	301	instrument on which a rider has been placed or attached in a manner obscuring, hiding, or 10
302	302	covering any other part of the instrument may be offered or received for record. No 11
303	303	instrument not otherwise readily subject to photostating or microfilming may be offered or 12
304	304	received for record until treble the normal recording charge is paid to the clerk and unless 13
305	305	an affidavit, black type on white paper, is attached and made a part of the document stating 14
306	306	the kind of instrument, the date, the parties to the transaction, description of the property, 15
307	307	and all other pertinent data. After any document has been recorded in one county, a 16
308	308	certified copy of the recorded document may be recorded in any other county. 17
309	309
310	310	(2) A certified copy of any document from a state, commonwealth, territory, 18
311	311	or possession of the United States, or the District of Columbia that would otherwise be 19
312	312	recordable under Maryland law may be recorded in this State, if the document contains: 20
313	313
314	314	(i) An original certification made by the clerk or other governmental 21
315	315	official having responsibility for the certification or authentication of recorded documents 22
316	316	in the jurisdiction where the document is recorded; and 23
317	317
318	318	(ii) An indication of the recording reference and court or other public 24
319	319	registry where the original document is recorded. 25
320	320
321	321	(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes 26
322	322	review of an instrument by the certifying attorney. 27
323	323
324	324	(ii) A deed other than a mortgage, a deed of trust, an assignment of 28
325	325	rents, an assignment of a lease for security purposes, or an assignment or a release of a 29
326	326	mortgage or a deed of trust may not be recorded unless it bears: 30
327	327
328	328	1. The certification of an attorney admitted to the Bar of this 31
329	329	State that the instrument has been prepared by the attorney or under the attorney’s 32
330	330	supervision; or 33
331	331
332	332	2. A certification by a party named in the instrument that 34
333	333	the instrument was prepared by that party. 35
334	334
335	335	(iii) A mortgage, a deed of trust, an assignment of rents, an 36
336	336	assignment of a lease for security purposes, or an assignment or a release of a mortgage or 37
337	337	a deed of trust prepared by any attorney or one of the parties named in the instrument may 38
338	338	be recorded without the certification required under subparagraph (ii) of this paragraph. 39 8 SENATE BILL 146
339	339
340	340
341	341
342	342	(2) Every deed recorded in Prince George’s County shall contain a reference 1
343	343	to the election district in which the property described in the deed is located. 2
344	344
345	345	(3) Every deed or other instrument recorded in Talbot County shall have 3
346	346	written, typed, or printed on its back, to be readily visible when folded for filing in the 4
347	347	appropriate drawer or file, the name of every party to the deed or other instrument and the 5
348	348	nature or character of the instrument. 6
349	349
350	350	(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 7
351	351	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH T HE REQUIREMENTS 8
352	352	OF TITLE 14, SUBTITLE 8 OF THIS ARTICLE. 9
353	353
354	354	(II) No deed granting property lying within the boundaries of any 10
355	355	sanitary district operated by the County Commissioners of Worcester County may be 11
356	356	accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 12
357	357	county to indicate that every assessment or charge currently due and owed to the county 13
358	358	with respect to the property described in the deed has been paid. 14
359	359
360	360	(5) (I) In Frederick County, if the property to be transferred is a 15
361	361	subdivision, which is being dissected from a larger tract of land, then every public tax, 16
362	362	assessment, and charge due on the larger tract shall be paid before the property is 17
363	363	transferred on the assessment books or land records. 18
364	364
365	365	(II) Notwithstanding any other provision of this section, in Frederick 19
366	366	County the certificate of the Treasurer and the appropriate municipal tax collector, if the 20
367	367	property is within an incorporated town or city, showing that every tax has been paid shall 21
368	368	be endorsed on the deed. The endorsement is sufficient authority for transfer on the 22
369	369	assessment books or land records. 23
370	370
371	371	(6) Every deed granting a right–of–way or other easement to a public 24
372	372	utility, public agency, or a department or agency of the State shall contain an accurate and 25
373	373	definite description as well as a reference to the liber and folio where the servient land was 26
374	374	granted and a recitation of the grantors, grantees, and the date of the reference deed. 27
375	375
376	376	(g) (1) This subsection does not apply to: 28
377	377
378	378	(i) An assignment of a mortgage or if presented for recordation, an 29
379	379	assignment of a deed of trust; 30
380	380
381	381	(ii) A release of a deed of trust or mortgage; 31
382	382
383	383	(iii) A substitution of trustees on a deed of trust; 32
384	384
385	385	(iv) A power of attorney; 33
386	386	SENATE BILL 146 9
387	387
388	388
389	389	(v) A financing statement or an amendment, continuation, release, 1
390	390	or termination of a financing statement recorded in land records; or 2
391	391
392	392	(vi) A restrictive covenant modification executed under § 3–112 of 3
393	393	this subtitle. 4
394	394
395	395	(2) Except as provided in paragraph (1) of this subsection, each deed or 5
396	396	other instrument affecting property and presented for recordation shall be: 6
397	397
398	398	(i) Accompanied by a complete intake sheet, on the form that the 7
399	399	Administrative Office of the Courts provides; or 8
400	400
401	401	(ii) Endorsed as provided under paragraph (8) of this subsection. 9
402	402
403	403	(3) A complete intake sheet shall: 10
404	404
405	405	(i) Describe the property by at least one of the following property 11
406	406	identifiers: 12
407	407
408	408	1. The property tax account identification number, if any, or 13
409	409	in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 14
410	410	from the tax account number; 15
411	411
412	412	2. The street address, if any; 16
413	413
414	414	3. If the property is a lot within a subdivided tract, the lot 17
415	415	and block designation, or in Baltimore City, the current land record block number; 18
416	416
417	417	4. If the property is part of a tract that has been subdivided 19
418	418	informally and there is neither an assigned tax account identification number for the parcel 20
419	419	nor a lot and block designation, then the street address, if any, or the amount of acreage; 21
420	420	or 22
421	421
422	422	5. If the property consists of multiple parcels, the 23
423	423	designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 24
424	424
425	425	(ii) Name each grantor, donor, mortgagor, and assignor and each 25
426	426	grantee, donee, mortgagee, and assignee; 26
427	427
428	428	(iii) State the type of instrument; 27
429	429
430	430	(iv) State the amount of consideration payable, including the amount 28
431	431	of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 29
432	432	secured; 30
433	433
434	434	(v) State the amount of recording charges due, including the land 31
435	435	records surcharge and any transfer and recordation taxes; 32 10 SENATE BILL 146
436	436
437	437
438	438
439	439	(vi) Identify, by citation or explanation, each claimed exemption from 1
440	440	recording taxes; 2
441	441
442	442	(vii) For an instrument effecting a change in ownership, state a tax 3
443	443	bill mailing address; and 4
444	444
445	445	(viii) Indicate the person to whom the instrument is to be returned. 5
446	446
447	447	(4) An intake sheet may request any other information that the 6
448	448	Administrative Office of the Courts considers necessary in expediting transfers of property 7
449	449	or recording and indexing of instruments. 8
450	450
451	451	(5) A clerk may not charge any fee for recording an intake sheet. 9
452	452
453	453	(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 10
454	454	PARAGRAPH , A clerk may not refuse to record an instrument that does not effect a change 11
455	455	of ownership on the assessment books solely because it is not accompanied by an intake 12
456	456	sheet. 13
457	457
458	458	(II) A CLERK MAY REFUSE TO RECORD A TRANSFER –ON–DEATH 14
459	459	DEED EXECUTED IN ACC ORDANCE WITH TITLE 14, SUBTITLE 8 OF THIS ARTICLE IF 15
460	460	IT IS NOT ACCOMPANIE D BY AN INTAKE SHEET . 16
461	461
462	462	(7) A clerk may refuse to record a deed or instrument that effects a change 17
463	463	of ownership on the assessment rolls if the instrument is not accompanied by a complete 18
464	464	intake sheet or endorsed as transferred on the assessment books by the assessment office 19
465	465	for the county where the property is located. 20
466	466
467	467	(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 21
468	468	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 22
469	469	8 OF THIS ARTICLE. 23
470	470
471	471	(II) If a deed or other instrument that effects a change in ownership 24
472	472	is submitted for transfer on the assessment books without an intake sheet, the person 25
473	473	offering the deed or other instrument shall mail or deliver to the person having charge of 26
474	474	the assessment books the information required on the intake sheet. 27
475	475
476	476	[(ii)] (III) When property is transferred on the assessment books 28
477	477	under this paragraph: 29
478	478
479	479	1. The transfer shall be to the grantee or assignee named in 30
480	480	the deed or other instrument; and 31
481	481
482	482	2. The person recording the transfer shall evidence the fact 32
483	483	of the transfer on the deed or other instrument. 33 SENATE BILL 146 11
484	484
485	485
486	486
487	487	[(iii)] (IV) An endorsement under this paragraph is sufficient to 1
488	488	authorize the recording of the deed or other instrument by the clerk of the appropriate 2
489	489	court. 3
490	490
491	491	(9) A clerk may not record an instrument that effects a real property lease 4
492	492	dealing in natural gas and oil unless the instrument is accompanied by a complete intake 5
493	493	sheet. 6
494	494
495	495	(10) (i) An intake sheet shall be recorded immediately after the 7
496	496	instrument it accompanies. 8
497	497
498	498	(ii) The intake sheet is not part of the instrument and does not 9
499	499	constitute constructive notice as to the contents of the instrument. 10
500	500
501	501	(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 11
502	502	TRANSFER–ON–DEATH DEED. 12
503	503
504	504	2. The lack of an intake sheet does not affect the validity of 13
505	505	any conveyance, lien, or lien priority based on recordation of an instrument. 14
506	506
507	507	SUBTITLE 8. MARYLAND REAL PROPERTY TRANSFER–ON–DEATH (TOD) ACT. 15
508	508
509	509	14–801. 16
510	510
511	511	(A) IN THIS SUBTITLE THE FOLLOWING TERMS HAVE THE MEANINGS 17
512	512	INDICATED. 18
513	513
514	514	(B) “BENEFICIARY” MEANS AN INDIVIDUAL WHO RECEIVES REAL 19
515	515	PROPERTY UNDER A TRA NSFER–ON–DEATH DEED. 20
516	516
517	517	(C) “DESIGNATED BENEFICIAR Y” MEANS AN INDIVIDUAL DE SIGNATED TO 21
518	518	RECEIVE REAL PROPERT Y IN A TRANSFER–ON–DEATH DEED. 22
519	519
520	520	(D) (1) “FIDUCIARY” HAS THE MEANING STAT ED UNDER § 15–101 OF THE 23
521	521	ESTATES AND TRUSTS ARTICLE. 24
522	522
523	523	(2) “FIDUCIARY” INCLUDES AN ATTORNEY IN FACT. 25
524	524
525	525	(E) “PROPERTY” MEANS AN INT EREST IN REAL PROPER TY LOCATED IN THE 26
526	526	STATE THAT IS TRANSFE RABLE ON THE DEATH O F THE OWNER. 27
527	527
528	528	(F) “TRANSFER–ON–DEATH DEED ” MEANS A DEED AUTHORI ZED UNDER 28
529	529	THIS SUBTITLE. 29
530	530	12 SENATE BILL 146
531	531
532	532
533	533	(G) “TRANSFEROR ” MEANS AN INDIVIDUAL WHO MAKES A 1
534	534	TRANSFER–ON–DEATH DEED. 2
535	535
536	536	14–802. 3
537	537
538	538	THIS SUBTITLE DOES NO T: 4
539	539
540	540	(1) AFFECT ANY METHOD OF TRANSFERRING PROPERT Y OTHERWISE 5
541	541	ALLOWED UNDER THE LA WS OF THE STATE; 6
542	542
543	543	(2) LIMIT THE RIGHT OF AN Y PERSON TO MAINTAIN A CIVIL ACTION 7
544	544	FOR DAMAGES OR OTHER REMEDIES OTHERWISE A VAILABLE UNDER ANY O THER 8
545	545	PROVISION OF LAW ; OR 9
546	546
547	547	(3) APPLY TO PROPERTY THA T IS HELD AS JOINT TENANTS, TENANTS 10
548	548	IN COMMON, OR TENANTS BY THE EN TIRETY. 11
549	549
550	550	14–803. 12
551	551
552	552	AN INDIVIDUAL SOLE OW NER OF PROPERTY MAY TRANSFER THE PROPERT Y 13
553	553	TO A BENEFICIARY EFF ECTIVE AT THE TRANSF EROR’S DEATH BY A PROPERTY 14
554	554	TRANSFER–ON–DEATH DEED. 15
555	555
556	556	14–804. 16
557	557
558	558	(A) A TRANSFER–ON–DEATH DEED IS NONTES TAMENTARY . 17
559	559
560	560	(B) A TRANSFER–ON–DEATH DEED IS REVOCA BLE BY A TRANSFEROR EVEN 18
561	561	IF THE DEED OR OTHER INSTRUMENT CONTAINS A CONTRARY PROVISION . 19
562	562
563	563	(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A 20
564	564	TRANSFER–ON–DEATH DEED IS THE SA ME AS THE CAPACITY R EQUIRED TO MAKE A 21
565	565	WILL. 22
566	566
567	567	14–805. 23
568	568
569	569	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 24
570	570	TRANSFER–ON–DEATH DEED SHALL COM PLY WITH § 4–101 OF THIS ARTICLE. 25
571	571
572	572	(B) A TRANSFER–ON–DEATH DEE D SHALL STATE THAT T HE TRANSFER TO 26
573	573	THE DESIGNATED BENEF ICIARY IS TO OCCUR A T THE TRANSFEROR ’S DEATH. 27
574	574
575	575	14–806. 28 SENATE BILL 146 13
576	576
577	577
578	578
579	579	(A) A TRANSFER–ON–DEATH DEED IS EFFECT IVE IF, PRIOR TO THE DEATH 1
580	580	OF THE TRANSFEROR , IT IS RECORDED IN TH E LAND RECORDS OF TH E COUNTY 2
581	581	WHERE THE P ROPERTY IS LOCATED I N ACCORDANCE WITH § 3–104 OF THIS 3
582	582	ARTICLE. 4
583	583
584	584	(B) A TRANSFER–ON–DEATH DEED IS EFFECT IVE WITHOUT: 5
585	585
586	586	(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY A D ESIGNATED 6
587	587	BENEFICIARY DURING T HE TRANSFEROR ’S LIFE; OR 7
588	588
589	589	(2) CONSIDERATION . 8
590	590
591	591	14–807. 9
592	592
593	593	DURING A TRANSFEROR ’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT : 10
594	594
595	595	(1) AFFECT AN INTEREST OR A RIGHT OF THE TRANS FEROR OR ANY 11
596	596	OTHER OWNER , INCLUDING THE RIGHT TO TRANSFER OR ENCUM BER THE 12
597	597	PROPERTY; 13
598	598
599	599	(2) AFFECT AN INTEREST OR A RIGHT OF A TRANSFE REE, EVEN IF THE 14
600	600	TRANSFEREE HAS ACTUA L OR CONSTRUCTIVE NO TICE OF THE 15
601	601	TRANSFER–ON–DEATH DEED; 16
602	602
603	603	(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED OR UNSECURED 17
604	604	CREDITOR OR FUTURE C REDITOR OF THE TRANS FEROR, EVEN IF THE CREDITOR HAS 18
605	605	ACTUAL OR CONSTRUCTI VE NOTICE OF THE T RANSFER–ON–DEATH DEED; 19
606	606
607	607	(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BENE FICIARY’S 20
608	608	ELIGIBILITY FOR ANY FORM OF PUBLIC ASSIS TANCE; 21
609	609
610	610	(5) CREATE A LEGAL OR EQU ITABLE INTEREST IN F AVOR OF ANY 22
611	611	DESIGNATED BENEFICIA RY; OR 23
612	612
613	613	(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITO R 24
614	614	OF ANY DESIGNATED BE NEFICIARY. 25
615	615
616	616	14–808. 26
617	617
618	618	(A) (1) PRIOR TO THE DEATH OF A TRANSFEROR , THE TRANSFEROR OR 27
619	619	THE TRANSFEROR ’S FIDUCIARY MAY REVO KE A PREVIOUSLY RECO RDED 28
620	620	TRANSFER–ON–DEATH DEED , OR ANY PART OF THAT RECORDED 29 14 SENATE BILL 146
621	621
622	622
623	623	TRANSFER–ON–DEATH DEED, BY RECORDING IN THE LAND RECORDS OF THE 1
624	624	COUNTY IN WHICH THE PROPERTY IS LOCATED AN EXECUTED AND ACKN OWLEDGED : 2
625	625
626	626	(I) TRANSFER–ON–DEATH DEED THAT REVO KES THE DEED OR 3
627	627	PART OF THE DEED EXP RESSLY OR BY INCONSI STENCY; 4
628	628
629	629	(II) REVOCATION DOCUMENT THAT EXPRESSLY REVOK ES THE 5
630	630	DEED OR PART OF THE DEED; OR 6
631	631
632	632	(III) INTER VIVOS DEED THAT EXPRESSLY OR BY 7
633	633	INCONSISTENCY REVOKE S A TRANSFER –ON–DEATH DEED OR PART O F THE 8
634	634	TRANSFER–ON–DEATH DEED. 9
635	635
636	636	(2) IN ORDER TO BE EFFECT IVE, A DOCUMENT DESCRIBED UNDER 10
637	637	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE EXECUTED SUB SEQUENT TO THE 11
638	638	TRANSFER–ON–DEATH DEED THAT THE DOCUMENT REVOKES . 12
639	639
640	640	(B) AFTER A TRANSFER –ON–DEATH DEED IS RECORD ED, IT MAY NOT BE 13
641	641	REVOKED BY: 14
642	642
643	643	(1) A REVOCATORY ACT ON TH E DEED; OR 15
644	644
645	645	(2) A TESTAMENTARY DOCU MENT EXECUTED BY THE TRANSFEROR , 16
646	646	EVEN IF THE TESTAMEN TARY DOCUMENT IS EXE CUTED AFTER THE DATE OF 17
647	647	RECORDATION OF THE T RANSFER–ON–DEATH DEED. 18
648	648
649	649	(C) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VIVOS 19
650	650	TRANSFER OF THE PROP ERTY. 20
651	651
652	652	14–809. 21
653	653
654	654	(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THE TRANSFER –ON–DEATH 22
655	655	DEED OR IN THIS SECT ION, THIS SECTION APPLIES ON THE DEATH OF A TR ANSFEROR 23
656	656	TO PROPERTY THAT IS THE SUBJECT OF A TRA NSFER–ON–DEATH DEED OWNED BY 24
657	657	THE TRANSFEROR AT DE ATH, SUBJECT TO THE LIMIT ATIONS UNDER : 25
658	658
659	659	(I) TITLE 3, SUBTITLE 1 OF THE ESTATES AND TRUSTS 26
660	660	ARTICLE (INTESTATE SUCCESSION); 27
661	661
662	662	(II) TITLE 3, SUBTITLE 3 OF THE ESTATES AND TRUSTS 28
663	663	ARTICLE (STATUTORY SHARE OF PRETERMITTED CHILD AND ISSUE); 29
664	664
665	665	(III) TITLE 3, SUBTITLE 4 OF THE ESTATES AND TRUSTS 30 SENATE BILL 146 15
666	666
667	667
668	668	ARTICLE (ELECTIVE SHARE OF SURVIVING SPOUSE); 1
669	669
670	670	(IV) § 4–105(B)(3) AND (4) OF THE ESTATES AND TRUSTS 2
671	671	ARTICLE (REVOCATION BY DIVORCE ); 3
672	672
673	673	(V) § 4–403 OF THE ESTATES AND TRUSTS ARTICLE (LAPSE); 4
674	674
675	675	(VI) § 11–112 OF THE ESTATES AND TRUSTS ARTICLE 5
676	676	(DISQUALIFICATION FROM INHERITING PROPERTY OR AN INTEREST IN PR OPERTY 6
677	677	FOR FELONIOUSLY AND INTENTIONALLY KILLIN G, CONSPIRING TO KILL , OR 7
678	678	PROCURING THE KILLIN G OF A DECEDENT ); AND 8
679	679
680	680	(VII) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE 9
681	681	(SIMULTANEOUS DEATH). 10
682	682
683	683	(2) (I) THE INTEREST IN THE P ROPERTY IS TRANSFERR ED TO A 11
684	684	DESIGNATED BENEFICIA RY IN ACCORDANCE WIT H THE TRANSFER –ON–DEATH DEED 12
685	685	ON THE DEATH OF THE TRANSFEROR IF THE BE NEFICIARY SURVIVES T HE 13
686	686	TRANSFEROR . 14
687	687
688	688	(II) IF THE DESIGNATED BEN EFICIARY DOES NOT SU RVIVE THE 15
689	689	TRANSFEROR AND THE T RANSFEROR HAS PROVID ED FOR AN ALTERNATE 16
690	690	DESIGNATED BENEFICIA RY IN THE TRANSFER –ON–DEATH DEED , THE INTEREST IN 17
691	691	THE PROPERTY IS TRAN SFERRED TO A SURVIVI NG ALTERNATE DESIGNA TED 18
692	692	BENEFICIARY IN ACCOR DANCE WITH THE TRANS FER–ON–DEATH DEE D ON THE 19
693	693	DEATH OF THE TRANSFE ROR. 20
694	694
695	695	(III) THE INTEREST OF ANY D ESIGNATED BENEFICIAR Y WHO 21
696	696	FAILS TO SURVIVE THE TRANSFEROR LAPSES . 22
697	697
698	698	(IV) A TRANSFER–ON–DEATH DEED MAY PROVI DE FOR 23
699	699	SUCCESSIVE ALTERNATE DESIGNATED BENEFICIA RIES. 24
700	700
701	701	(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THIS ARTICLE , A 25
702	702	BENEFICIARY TAKES TH E PROPERTY TRANSFERR ED BY THE 26
703	703	TRANSFER–ON–DEATH DEED SUBJECT T O ALL CONVEYANCES , ENCUMBRANCES , 27
704	704	ASSIGNMENTS , CONTRACTS, MORTGAGES , LIENS, AND OTHER INTERESTS TO WHICH 28
705	705	THE PROPERTY IS SUBJ ECT AT THE TRANSF EROR’S DEATH. 29
706	706
707	707	(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE 30
708	708	TRANSFER–ON–DEATH DEED IS DEEMED TO HAVE OCCURRED AT THE 31
709	709	TRANSFEROR ’S DEATH. 32
710	710	16 SENATE BILL 146
711	711
712	712
713	713	(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT 1
714	714	COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER–ON–DEATH DEED 2
715	715	CONTAINS A CONTRARY PROVISION. 3
716	716
717	717	14–810. 4
718	718
719	719	ANY BENEFICIARY MAY D ISCLAIM ALL OR PART OF THE BENEFICIARY ’S 5
720	720	INTEREST AS PROVIDED UNDER THE MARYLAND UNIFORM DISCLAIMER OF 6
721	721	PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THE ESTATES AND TRUSTS 7
722	722	ARTICLE. 8
723	723
724	724	14–811. 9
725	725
726	726	THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP AND MAKE 10
727	727	AVAILABLE TO THE PUB LIC AN INFORMATIONAL DOCUMENT REASONABLY 11
728	728	CALCULATED TO BE UND ERSTOOD BY A LAYPERS ON THAT EXPLAINS 12
729	729	TRANSFER–ON–DEATH DEEDS . 13
730	730
731	731	14–812. 14
732	732
733	733	(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM DEED PROVIDED 15
734	734	IN THIS SECTION OR A NY OTHER INSTRUMENT USED TO CREATE A 16
735	735	TRANSFER–ON–DEATH DEED. 17
736	736
737	737	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE A 18
738	738	TRANSFER–ON–DEATH DEED: 19
739	739
740	740	REVOCABLE TRANSFER –ON–DEATH (TOD) DEED 20
741	741
742	742	NOTICE TO OWNER 21
743	743
744	744	YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 22
745	745
746	746	THIS FORM MUST BE REC ORDED IN EACH COUNTY (OR BALTIMORE CITY) IN 23
747	747	WHICH THE PROPERTY I S LOCATED BEFORE YOU R DEATH, OR IT WILL NOT BE 24
748	748	EFFECTIVE. 25
749	749
750	750	A TRANSFER–ON–DEATH DEED MAY ONLY BE EXECUTED BY THE SOLE 26
751	751	OWNER OF REAL PROPERTY. 27
752	752
753	753	IDENTIFYING INFORMATION 28
754	754
755	755	OWNER MAKING THIS DEED: 29 SENATE BILL 146 17
756	756
757	757
758	758
759	759	__________________________ ________________________________ 1
760	760	PRINTED NAME MAILING ADDRESS 2
761	761
762	762	LEGAL DESCRIPTION OF THE PROPERTY : 3
763	763
764	764	____________________________________________________________ 4
765	765
766	766	PRIMARY BENEFICIARY 5
767	767
768	768	I DESIGNATE THE FOLLOW ING BENEFICIARY IF T HE BENEFICIARY SURVI VES 6
769	769	ME. 7
770	770
771	771	_________________________ _________________________________ 8
772	772	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 9
773	773
774	774	ALTERNATE BENEFICIARY – OPTIONAL 10
775	775
776	776	IF MY PRIMARY BENEFIC IARY DOES NOT SURVIV E ME, I DESIGNATE THE 11
777	777	FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. 12
778	778
779	779	_________________________ _________________________________ 13
780	780	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 14
781	781
782	782	TRANSFER ON DEATH 15
783	783
784	784	AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY TO 16
785	785	THE BENEFICIARIES AS DESIGNATED ABOVE . 17
786	786
787	787	BEFORE MY DEATH , I HAVE THE RIGHT TO RE VOKE THIS DEED . 18
788	788
789	789	SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 19
790	790
791	791	_________________________ (SEAL) _________________ 20
792	792	SIGNATURE DATE 21
793	793
794	794	_______________________________ 22
795	795	PRINTED NAME 23
796	796
797	797	ACKNOWLEDGMENT 24
798	798
799	799	STATE OF _______________ COUNTY OF ________________ 25
800	800	18 SENATE BILL 146
801	801
802	802
803	803	THIS RECORD WAS ACKNO WLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__ BY 1
804	804
805	805	___________________________________ 2
806	806
807	807	SIGNATURE OF NOTARIAL OFFICER 3
808	808
809	809	TITLE OF OFFICE 4
810	810
811	811	STAMP 5
812	812
813	813	MY COMMISSION EXPIRES : ________ 6
814	814
815	815	PREPARER 7
816	816
817	817	I HEREBY CERTIFY THAT THIS REVOCABLE TRANS FER–ON–DEATH DEED WAS 8
818	818	PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 9
819	819	BENEFICIARY), A PARTY TO THIS INST RUMENT. 10
820	820
821	821	SIGNATURE: ____________________________ 11
822	822
823	823	PRINTED NAME: ________________________ 12
824	824
825	825	(C) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 13
826	826	THE FORM TRANSFER –ON–DEATH DEED: 14
827	827
828	828	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 15
829	829
830	830	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 16
831	831	A TRANSFER –ON–DEATH DEED AT THE OFFICE OF LAND RECORDS. 17
832	832
833	833	WHAT DOES THE TRANSFE R–ON–DEATH (TOD) DEED DO? WHEN YOU DIE, 18
834	834	THIS DEED TRANSFERS THE DESCRIBED PROP ERTY, SUBJECT TO ANY LIENS OR 19
835	835	MORTGAGES (OR OTHER ENCUMBRANCE S) ON THE PROPERTY AT Y OUR DEATH. 20
836	836	PROBATE IS NOT REQUIR ED. THE TOD DEED HAS NO EFFECT U NTIL YOU DIE. YOU 21
837	837	CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERT Y TO 22
838	838	SOMEONE ELSE DURI NG YOUR LIFETIME . IF YOU DO NOT OWN ANY INTEREST IN THE 23
839	839	PROPERTY WHEN YOU DI E, THIS DEED WILL HAVE NO EFFECT. 24
840	840
841	841	HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM . HAVE IT 25
842	842	ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR O THER INDIVIDUAL AUTH ORIZED 26
843	843	UNDER LAW TO TAKE AC KNOWLEDGMENTS . RECORD THE FORM IN EA CH COUNTY 27
844	844	WHERE ANY PART OF TH E PROPERTY IS LOCATE D. THE FORM HAS NO EFFEC T 28
845	845	UNLESS IT IS ACKNOWL EDGED AND RECORDED B EFORE YOUR DEATH . 29 SENATE BILL 146 19
846	846
847	847
848	848
849	849	IS THE “LEGAL DESCRIPTION ” OF THE PROPERTY NECE SSARY? YES. 1
850	850
851	851	HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY ? THIS 2
852	852	INFORMATION MAY BE O N THE DEED YOU RECEI VED WHEN YOU BECAME AN OWNER 3
853	853	OF THE PROPERTY . THIS INFORMATION MAY ALSO BE AVAILABLE IN THE OFFICE OF 4
854	854	THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY WHERE THE PROP ERTY IS 5
855	855	LOCATED. IF YOU ARE NOT ABSOLUTE LY SURE, CONSULT A LAWYER . 6
856	856
857	857	CAN I CHANGE MY MIND BEFOR E I RECORD THE TOD DEED? YES. IF YOU 7
858	858	HAVE NOT YET RECORDE D THE DEED AND WANT TO CHANGE YOUR MIND , SIMPLY 8
859	859	TEAR UP OR OTHERWISE DESTROY THE DEED . 9
860	860
861	861	HOW DO I “RECORD” THE TOD DEED? TAKE THE COMPLETED AND 10
862	862	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 11
863	863	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 12
864	864	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 13
865	865	IF THE PROPERTY IS IN MORE THA N ONE COUNTY , YOU SHOULD RECORD TH E DEED 14
866	866	IN EACH COUNTY . 15
867	867
868	868	CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND ? YES. YOU CAN 16
869	869	REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFI CIARIES, CAN PREVENT 17
870	870	YOU FROM REVOKING TH E DEED. 18
871	871
872	872	HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED ? THERE ARE 19
873	873	THREE WAYS TO REVOKE A RECORDED TOD DEED: (1) COMPLETE AND 20
874	874	ACKNOWLEDGE A REVOCA TION FORM, AND RECORD IT IN EAC H COUNTY WHERE THE 21
875	875	PROPERTY IS LOCATED . (2) COMPLETE AND ACKNOWLE DGE A NEW TOD DEED THAT 22
876	876	DISPOSES OF THE SAME PROPERTY, AND RECORD IT IN EAC H COUNTY WHERE THE 23
877	877	PROPERTY IS LOCATED . (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURI NG 24
878	878	YOUR LIFETIME BY A R ECORDED DEED THAT EX PRESSLY REVOKES THE TOD DEED. 25
879	879	YOU MAY NOT REVOKE TH E TOD DEED BY WILL. 26
880	880
881	881	I AM BEING PRESSURED T O COMPLETE THIS FORM. WHAT SHOULD I DO? DO 27
882	882	NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 28
883	883	FAMILY MEMBER , FRIEND, OR LAWYER. 29
884	884
885	885	DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TOD DEED? NO, BUT IT 30
886	886	IS RECOMMENDED . SECRECY CAN CAUSE LAT ER COMPLICATIONS AND MIGHT MAKE 31
887	887	IT EASIER FOR OTHERS TO COMMIT FRAUD . 32
888	888
889	889	I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 33
890	890	FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 34 20 SENATE BILL 146
891	891
892	892
893	893	QUESTIONS, YOU ARE ENCOURAGED T O CONSULT A LAWYER . 1
894	894
895	895	14–813. 2
896	896
897	897	(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM PROVIDED UNDER 3
898	898	THIS SECTION , OR ANY OTHER INSTRUM ENT USED TO REVOKE A 4
899	899	TRANSFER–ON–DEATH DEED. 5
900	900
901	901	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 6
902	902	REVOCATION UNDER THI S SUBTITLE: 7
903	903
904	904	REVOCATION OF TRANSFER–ON–DEATH (TOD) DEED 8
905	905
906	906	NOTICE TO OWNER 9
907	907
908	908	THIS REVOCATION MUST BE RECORDED IN EACH COUNTY (OR BALTIMORE 10
909	909	CITY) IN WHICH THE PROPERT Y IS LOCATED BEFORE YOU DIE OR IT WILL N OT BE 11
910	910	EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 12
911	911	PROPERTY OF THE OWNER WHO SIGNS THIS REVOCATIO N. 13
912	912
913	913	IDENTIFYING INFORMATION 14
914	914
915	915	OWNER OF PROPERTY MAKING THIS REVOCATION: 15
916	916
917	917	_____________________________ _____________________________ 16
918	918	PRINTED NAME MAILING ADDRESS 17
919	919
920	920	LEGAL DESCRIPTION OF THE PROPERTY : 18
921	921
922	922	____________________________________________________________ 19
923	923
924	924	REVOCATION 20
925	925
926	926	I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 21
927	927	TRANSFER–ON–DEATH DEED. 22
928	928
929	929	SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 23
930	930
931	931	_______________________________ (SEAL) _______________ 24
932	932	SIGNATURE DATE 25
933	933
934	934	_______________________________ 26
935	935	PRINTED NAME 27 SENATE BILL 146 21
936	936
937	937
938	938
939	939	ACKNOWLEDGMENT 1
940	940
941	941	STATE OF ____________ COUNTY OF ______________ 2
942	942
943	943	THIS RECORD WAS ACKNO WLEDGED BEFORE ME ON THE DAY OF ___, 20__ BY 3
944	944
945	945	___________________________________ 4
946	946
947	947	SIGNATURE OF NOTARIAL OFFICE R 5
948	948
949	949	TITLE OF OFFICE 6
950	950
951	951	STAMP 7
952	952
953	953	MY COMMISSION EXPIRES : ________ 8
954	954
955	955	PREPARER 9
956	956
957	957	I HEREBY CERTIFY THAT THIS REVOCATION OF T RANSFER–ON–DEATH DEED WAS 10
958	958	PREPARED BY _________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 11
959	959	BENEFICIARY), A PARTY TO THIS INSTRU MENT. 12
960	960
961	961	SIGNATURE: ____________________________ 13
962	962	PRINTED NAME: ________________________ 14
963	963
964	964	(C) THE FOLLOWING MAY BE USED AS AN INFORMATI ONAL SHEET TO 15
965	965	EXPLAIN THE REVOCATI ON FORM FOR TRANSFER –ON–DEATH DEED: 16
966	966
967	967	COMMON QUESTIONS ABOUT REVOKING A TRANSFER –ON–DEATH 17
968	968	DEED 18
969	969
970	970	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 19
971	971	REVOCATION OF A TRANSFER –ON–DEATH DEED AT THE OFFICE OF 20
972	972	LAND RECORDS. 21
973	973
974	974	HOW DO I USE THIS FORM TO REV OKE A TRANSFER –ON–DEATH (TOD) DEED? 22
975	975	COMPLETE THIS FORM . HAVE IT ACKNOWLED GED BEFORE A NOTARY PUBLIC OR 23
976	976	OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE ACKNOWLEDGMENTS . 24
977	977	RECORD THE FORM IN TH E LAND RECORDS OF EA CH COUNTY WHERE THE 25
978	978	PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDE D 26
979	979	BEFORE YOUR DEATH OR IT HAS NO EFFECT. 27
980	980	22 SENATE BILL 146
981	981
982	982
983	983	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 1
984	984	INFORMATION MAY BE O N THE TOD DEED. IT MAY ALSO BE AVAILA BLE IN THE LAND 2
985	985	RECORDS FOR THE COUN TY WHERE THE PROPERT Y IS LOCATED. IF YOU ARE NOT 3
986	986	ABSOLUTELY SURE , CONSULT A LAWYER . 4
987	987
988	988	HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 5
989	989	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 6
990	990	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 7
991	991	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 8
992	992	IF THE PROPER TY IS LOCATED IN MOR E THAN ONE COUNTY , YOU SHOULD RECORD 9
993	993	THE FORM IN EACH OF THOSE COUNTIES . 10
994	994
995	995	I AM BEING PRESSURED T O COMPLETE THIS FORM . WHAT SHOULD I DO? DO 11
996	996	NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 12
997	997	FAMILY MEMBER , FRIEND, OR LAWYER. 13
998	998
999	999	I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 14
1000	1000	FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 15
1001	1001	QUESTIONS, CONSULT A LAWYER . 16
1002	1002
1003	1003	14–814. 17
1004	1004
1005	1005	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 18
1006	1006	ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 19
1007	1007	SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 20
1008	1008	101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 21
1009	1009	DELIVERY OF ANY OF T HE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15 22
1010	1010	U.S.C. SECTION 7003(B). 23
1011	1011
1012	1012	Article – Tax – Property 24
1013	1013
1014	1014	12–108. 25
1015	1015
1016	1016	(II) A REAL PROPERTY TRANSF ER–ON–DEATH DEED UNDER TITLE 14 OF 26
1017	1017	THE REAL PROPERTY ARTICLE IS NOT SUBJEC T TO RECORDATION TAX . 27
1018	1018
1019	1019	13–207. 28
1020	1020
1021	1021	(a) An instrument of writing is not subject to transfer tax to the same extent that 29
1022	1022	it is not subject to recordation tax under: 30
1023	1023
1024	1024	(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 31
1025	1025	in bankruptcy); [or] 32
1026	1026	SENATE BILL 146 23
1027	1027
1028	1028
1029	1029	(26) § 12–108(hh) of this article (Transfer of real property within the Laurel 1
1030	1030	Park racing facility site, Pimlico racing facility site, Pimlico site, or Bowie Race Course 2
1031	1031	Training Center property); OR 3
1032	1032
1033	1033	(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY 4
1034	1034	TRANSFER–ON–DEATH DEED). 5
1035	1035
1036	1036	13–414. 6
1037	1037
1038	1038	AN INSTRUMENT OF WRIT ING THAT IS EX EMPT FROM RECORDATIO N TAX 7
1039	1039	UNDER § 12–108(II) OF THIS ARTICLE (REAL PROPERTY TRANSFE R–ON–DEATH 8
1040	1040	DEED) IS NOT SUBJECT TO CO UNTY TRANSFER TAX . 9
1041	1041
1042	1042	SECTION 2. AND BE IT FURTHER ENACTED, That this Act, to the extent 10
1043	1043	practicable, shall be interpreted and enforced by a court in accordance with existing law 11
1044	1044	governing life estates with powers of alienation. 12
1045	1045
1046	1046	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 13
1047	1047	transfer–on–death deed that was made before, on, or after the effective date of this Act by 14
1048	1048	a transferor who dies on or after the effective date of this Act. 15
1049	1049
1050	1050	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
1051	1051	October 1, 2023. 17
1052	1052
1053	1053