Maryland 2024 Regular Session

Maryland House Bill HB29

Introduced
1/10/24  

Caption

Real Property - Transfer to Heir - Exemption From Prepayment

Impact

The enactment of HB 29 is expected to significantly alter how property is transmitted from deceased individuals to their heirs under Maryland's property laws. Traditionally, heirs would be required to settle outstanding taxes and charges before the property could be officially transferred, which could complicate or delay an otherwise straightforward process. By exempting these transactions from the prepayment requirement, the bill aims to alleviate some of the financial pressures on heirs who may already be dealing with the deceased's estate management.

Summary

House Bill 29 proposes an exemption from the prepayment of certain real property taxes for transfers between the estate of a decedent and their heirs. This bill is designed to streamline the process of property inheritance, allowing heirs to receive property without the burden of having to pay taxes before the transfer is processed. Specifically, the bill targets the conveyance of real property that is being transferred from a deceased individual's estate directly to their heirs, thereby providing relief during what can often be a financially and emotionally taxing time for families.

Contention

While supporters argue that this bill simplifies the inheritance process and helps families manage their estates more efficiently, there are potential points of contention. Critics may raise concerns about the implications for tax revenue and the potential for abuse of the exemption by transferring properties without clearing tax responsibilities. This could also lead to challenges in enforcing tax laws related to inherited properties, resulting in further administrative complexities for counties.

Notable_points

House Bill 29 underscores the need for legislative updates to accommodate familial circumstances and modernize the transfer processes associated with real property. By focusing on the needs of successors rather than government tax collection at the moment of transfer, the bill highlights a shift towards more compassionate policies in property law.

Companion Bills

MD SB53

Crossfiled Real Property - Transfer to Heir - Exemption From Prepayment

MD HB205

Carry Over Real Property - Transfer to Heir - Exemption From Prepayment

Previously Filed As

MD HB205

Real Property - Transfer to Heir - Exemption From Prepayment

MD HB865

Baltimore City - Residential Real Property - Disclaimed Property and Exemptions From Prepayment

MD SB769

Baltimore City – Residential Real Property – Disclaimed Property and Exemptions From Prepayment

MD SB146

Maryland Real Property Transfer–on–Death (TOD) Act

MD HB986

Maryland Real Property Transfer-on-Death (TOD) Act

MD SB971

Real Property - Recordation - Procedures

MD SB163

Real Property - Recordation and Land Records - Requirements

MD SB945

Sale of Residential Real Property - Offers to Purchase and Transfer Tax

MD HB766

State Transfer Tax - Exemption for Real Property Used as Principal Residence

MD HB42

Courts - Judgments - Exemptions From Execution

Similar Bills

CA SB1040

Department of Transportation: transfer of property: Blues Beach property.

CA SB231

Department of Transportation: transfer of property: Blues Beach property.

CA AB1716

Estate disposition.

CA SCA24

Property taxation: change in ownership: base year value transfer.

DE HB147

An Act To Amend Title 12, Title 18, Title 25, And Title 30 Of The Delaware Code Relating To The Uniform Real Property Transfer On Death Act.

CA AB1139

Real property: transfer fees: notices.

CA SB890

Property taxation: change of ownership and base year value transfers.

CA AB288

Revocable transfer on death deeds.