EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0625*
HOUSE BILL 625
N1, N2 5lr1529
By: Delegates Phillips, Hill, and Woods
Introduced and read first time: January 23, 2025
Assigned to: Judiciary and Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Real Property – Transfer–on–Death Deed – Establishment 2
FOR the purpose of altering the Maryland Uniform Disclaimer of Property Interests Act to 3
provide for the disclaimer of nonprobate transfers at death; providing for the 4
creation, revocation, recordation, and effects of a transfer–on–death deed for real 5
property; requiring the Administrative Office of the Courts to develop an 6
informational sheet regarding transfer–on–death deeds; providing example forms for 7
the creation and revocation of a transfer–on–death deed; altering certain recording 8
requirements for the clerks of the circuit court; exempting a certain 9
transfer–on–death deed from certain property transfer taxes; providing for the 10
interpretation of this Act; providing for the retroactive application of this Act to 11
transfer–on–death deeds executed prior to the effective date of this Act; and 12
generally relating to transfer–on–death deeds. 13
BY adding to 14
Article – Estates and Trusts 15
Section 1–402 to be under the amended subtitle “Subtitle 4. Nontestamentary 16
Transfers” 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Estates and Trusts 21
Section 9–201(a) and (b) and 9–209(a) 22
Annotated Code of Maryland 23
(2022 Replacement Volume and 2024 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – Estates and Trusts 26
Section 9–209(e) and (f) and 9–212 27
Annotated Code of Maryland 28 2 HOUSE BILL 625
(2022 Replacement Volume and 2024 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Real Property 3
Section 3–104 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2024 Supplement) 6
BY adding to 7
Article – Real Property 8
Section 14–1001 through 14–1014 to be under the new subtitle “Subtitle 10. 9
Maryland Real Property Transfer–on–Death (TOD) Act” 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Tax – Property 14
Section 12–108(ii), 13–207(a)(27), and 13–414 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Tax – Property 19
Section 13–207(a)(25) and (26) 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Estates and Trusts 25
Subtitle 4. [Multiple–Party Accounts] NONTESTAMENTARY TRANSFERS. 26
1–402. 27
(A) A TRANSFER–ON–DEATH DEED MADE IN ACCORDANCE W ITH THE 28
REQUIREMENTS OF TITLE 14, SUBTITLE 10 OF THE REAL PROPERTY ARTICLE IS 29
EFFECTIVE ACCORDING TO THE PRO VISIONS OF THAT SUBT ITLE. 30
(B) TRANSFERS OF REAL PRO PERTY UNDER TITLE 14, SUBTITLE 10 OF THE 31
REAL PROPERTY ARTICLE ARE EFFECTIVE AS PROVIDED UNDER TH AT SUBTITLE 32
AND ARE NOT TESTAMENTARY . 33
9–201. 34
HOUSE BILL 625 3
(a) In this subtitle the following words have the meanings indicated. 1
(b) “Beneficiary designation” means an instrument, other than an instrument 2
creating a trust, naming the beneficiary of: 3
(1) An annuity or insurance policy; 4
(2) An account with a designation for payment on death; 5
(3) A security registered in beneficiary form; 6
(4) A pension, profit–sharing, retirement, or other employment–related 7
benefit plan; or 8
(5) Any other nonprobate transfer at death. 9
9–209. 10
(a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer 11
may be effected by personal delivery, first–class mail, or any other method likely to result 12
in its receipt. 13
(e) In the case of an interest created by a beneficiary designation [made] THAT 14
IS DISCLAIMED before [the time] the designation becomes irrevocable, [a] THE disclaimer 15
shall be delivered to the person making the beneficiary designation. 16
(f) In the case of an interest created by a beneficiary designation [made] THAT 17
IS DISCLAIMED after [the time] the designation becomes irrevocable[, a]: 18
(1) THE disclaimer OF AN INTEREST IN PE RSONAL PROPERTY shall be 19
delivered to the person obligated to distribute the interest; AND 20
(2) THE DISCLAIMER OF AN INTEREST IN REAL PRO PERTY MUST BE 21
RECORDED IN THE LAND RECORDS OF THE COUNT Y WHERE THE REAL PRO PERTY 22
THAT IS THE SUBJECT OF THE DISCLAIMER IS LOCATED. 23
9–212. 24
(a) If an instrument transferring an interest in or power over property subject to 25
a disclaimer is required or permitted by law to be filed, recorded, or registered, the 26
disclaimer may be filed, recorded, or registered. 27
(b) [Failure] EXCEPT AS PROVIDED UN DER § 9–209(F)(2) OF THIS SUBTITLE, 28
FAILURE to file, record, or register the disclaimer does not affect its validity. 29
Article – Real Property 30 4 HOUSE BILL 625
3–104. 1
(a) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 2
PARAGRAPH , THE Clerk of the Circuit Court may record an instrument that effects a 3
change of ownership if the instrument is: 4
[(i)] 1. Endorsed with the certificate of the collector of taxes of the 5
county in which the property is assessed, required under subsection (b) of this section; 6
[(ii) 1.] 2. A. Accompanied by a complete intake sheet; or 7
[2.] B. Endorsed by the assessment office for the county as 8
provided in subsection (g)(8) of this section; and 9
[(iii)] 3. Accompanied by a copy of the instrument, and any survey, 10
for submission to the Department of Assessments and Taxation. 11
(II) THE REQUIREMENTS OF S UBPARAGRAPH (I)1 AND 2B OF 12
THIS PARAGRAPH DO NO T APPLY TO THE RECOR DATION OF A 13
TRANSFER–ON–DEATH DEED OR A REVO CATION OF A TRANSFER –ON–DEATH DEED 14
EXECUTED IN ACCORDAN CE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 15
(2) (I) [The] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 16
THIS PARAGRAPH , THE Supervisor of Assessments shall transfer ownership of property 17
in the assessment records, effective as of the date of recordation, upon receipt from the 18
Clerk of the Circuit Court of a copy of the instrument, the completed intake sheet, and any 19
survey submitted under paragraph (1) of this subsection. 20
(II) PROVIDED THAT THERE I S NOT A REVOCATION O F A 21
TRANSFER–ON–DEATH DEED DESIGNATI NG A BENEFICIARY REC ORDED 22
SUBSEQUENT TO THE RE CORDATION OF A TRANS FER–ON–DEATH DEED, OWNERSHIP 23
OF A PROPERTY THAT I S THE SUBJECT OF THE TRANSFER–ON–DEATH DEED MAY BE 24
TRANSFERRED IN THE A SSESSMENT RECORDS TO THE DESIGNATED BENEF ICIARY 25
ONLY FOLLOWING THE D EATH OF THE TRANSFER OR NAMED ON THE 26
TRANSFER–ON–DEATH DEED. 27
(b) (1) (i) Except as provided in subsection (c) of this section, property may 28
not be transferred on the assessment books or records until: 29
1. All public taxes, assessments, and charges currently due 30
and owed on the property have been paid to the treasurer, tax collector, or director of 31
finance of the county in which the property is assessed; and 32
2. All taxes on personal property in the county due by the 33 HOUSE BILL 625 5
transferor have been paid when all land owned by the transferor in the county is being 1
transferred. 2
(ii) The certificate of the collecting agent designated by law, showing 3
that all taxes, assessments, and charges have been paid, shall be endorsed on the deed, and 4
the endorsement shall be sufficient authority for transfer on the assessment books. 5
(2) (i) Except as provided in subsection (c) of this section, in Allegany, 6
Cecil, Charles, Dorchester, Harford, Howard, Kent, Queen Anne’s, Somerset, and St. 7
Mary’s counties no property may be transferred on the assessment books or records until: 8
1. All public taxes, assessments, any charges due a 9
municipal corporation, and charges due on the property have been paid as required by law; 10
and 11
2. All taxes on personal property in the county due by the 12
transferor have been paid when all land owned by the transferor in the county and 13
municipal corporation is being transferred. 14
(ii) The certificate of the collecting agent and municipal corporation 15
designated by law showing that all taxes, assessments, and charges have been paid, shall 16
be endorsed on the deed and the endorsement shall be sufficient authority for transfer on 17
the assessment books. 18
(3) (i) On request, the treasurer, tax collector, or director of finance for 19
a county shall issue to the requester a certificate clearly enumerating by type and amount 20
any public taxes, assessments, and charges due to the county or municipality against a 21
property located in the county or municipality. 22
(ii) A certificate issued under this paragraph shall bar any charge or 23
assessment against the property levied on a bona fide purchaser for value with no notice of 24
the charge or assessment prior to the purchase of the property. 25
(iii) A collecting agent presented with a certificate issued under this 26
paragraph within 45 days after issuance shall endorse the deed as required under 27
paragraph (1)(ii) or (2)(ii) of this subsection on payment of all charges set forth in the 28
certificate and any applicable transfer or recordation taxes. 29
(iv) A county or municipality may collect a fee of up to $55 for the 30
issuance of a certificate under this paragraph. 31
(v) The payment of a fee and the issuance of a certificate under this 32
paragraph may not preclude a claim by a county or municipality to payment of a charge or 33
assessment against: 34
1. The owner of the property at the time of the issuance of 35
the certificate; or 36 6 HOUSE BILL 625
2. A person who acquires the property with knowledge of the 1
charge or assessment. 2
(vi) Each treasurer, tax collector, or director of finance of a county 3
shall adopt procedures to implement the requirements of this paragraph, including 4
procedures for obtaining a statement on a certificate issued under this paragraph of all 5
taxes, assessments, and charges due to a municipality on the transfer of ownership of a 6
property. 7
(c) (1) (i) 1. The requirements for prepayment of personal property 8
taxes in subsection (b) of this section do not apply to grants of land made: 9
A. By or on behalf of any mortgagee, lien creditor, trustee of 10
a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 11
court–appointed officer in an insolvency or liquidation proceeding; or 12
B. By a deed in lieu of foreclosure to any holder of a mortgage 13
or deed of trust or to the holder’s assignee or designee. 14
2. The requirements for payment of real property taxes in 15
subsection (b) of this section do not apply to grants of land that transfer residential real 16
property from the estate of a decedent to an heir or a legatee of the decedent, if the heir or 17
legatee of the decedent enters into a payment plan to pay all public taxes, assessments, and 18
charges currently due and owed on the property with: 19
A. The county or municipal corporation to which the taxes, 20
assessments, and charges are due; or 21
B. The State Tax Sale Ombudsman. 22
3. The collector of taxes for the county or municipal 23
corporation to which the taxes, assessments, or charges are due shall provide the heir or 24
legatee of a decedent to whom property is transferred under subsubparagraph 2 of this 25
subparagraph with the toll–free telephone number and website address of the State Tax 26
Sale Ombudsman and a brief description of the services and programs available through 27
the Ombudsman’s office. 28
4. When an heir or a legatee of a decedent enters into a 29
payment plan with a county, a municipal corporation, or the State Tax Sale Ombudsman 30
under subsubparagraph 2 of this subparagraph, the collector of taxes for the county or 31
municipal corporation or the State Tax Sale Ombudsman shall provide the heir or legatee 32
with an affidavit of the payment plan, which the heir or legatee shall provide to the Clerk 33
of the Circuit Court to record an instrument transferring ownership to the heir or legatee. 34
(ii) Notwithstanding any other provision of law, and except as 35
provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 36 HOUSE BILL 625 7
instrument that effects a grant of land described in subparagraph (i)1 of this paragraph, 1
the land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 2
unpaid taxes on personal property. 3
(iii) Subparagraph (ii) of this paragraph does not apply to: 4
1. Any lien for unpaid taxes on personal property that 5
attached to the land by recording and indexing a notice as provided in § 14–804(b) of the 6
Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 7
encumbrance giving rise to the grant of land described in subparagraph (i)1 of this 8
paragraph; or 9
2. Unpaid taxes on personal property owed by the transferee 10
or subsequent owner of the land after a grant of land described in subparagraph (i)1 of this 11
paragraph. 12
(iv) This paragraph does not affect the rights of the personal property 13
tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 14
in a grant of land described in subparagraph (i)1 of this paragraph. 15
(2) Subsection (b) of this section does not apply in Charles, St. Mary’s, 16
Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 17
Frederick and Washington counties to any deed executed as a mere conduit or for 18
convenience in holding and passing title, known popularly as a straw deed or, as provided 19
in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 20
which is a supplementary instrument merely confirming, correcting, or modifying a 21
previously recorded deed, if there is no actual consideration paid or to be paid for the 22
execution of the supplementary instrument. 23
(3) Subsection (b) of this section does not apply in Baltimore City and Anne 24
Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 25
transferring property to the county when the controller or treasurer of the county has 26
certified that the conveyance does not impair the security for any public taxes, assessments, 27
and charges due on the remaining property of the grantor. 28
(4) (i) Property may be transferred on the assessment books or records 29
in July, August, or September if instead of paying the taxes required under subsection (b)(1) 30
of this section on a property transfer by assumption, a lender or the attorney handling the 31
transfer of title files with the county treasurer, tax collector, or director of finance of the 32
county in which the property is assessed a statement that certifies that the lender 33
maintains a real estate tax escrow account. 34
(ii) Upon receipt of the statement required in subparagraph (i) of 35
this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 36
the deed an appropriate certification and the endorsement shall be sufficient authority for 37
transfer on the assessment books. 38
8 HOUSE BILL 625
(5) (i) Except as provided in subparagraph (ii) of this paragraph, at the 1
time of transfer of real property subject to a semiannual payment schedule for the payment 2
of property taxes, only those semiannual payments that are due for the current taxable 3
year under § 10–204.3 of the Tax – Property Article must be paid prior to the transfer of 4
the property. 5
(ii) The semiannual payments that are due for the current taxable 6
year under § 10–204.3 of the Tax – Property Article are not required to be paid before the 7
transfer of the property if: 8
1. The property is residential real property that is being 9
transferred from the estate of a decedent to an heir or a legatee of the decedent; and 10
2. The heir or legatee of the decedent enters into a payment 11
plan to pay all public taxes, assessments, and charges currently due and owed on the 12
property with: 13
A. The county or municipal corporation to which the taxes, 14
assessments, and charges are due; or 15
B. The State Tax Sale Ombudsman. 16
(iii) The collector of taxes for the county or municipal corporation to 17
which the taxes, assessments, or charges are due shall provide the heir or legatee of a 18
decedent to whom property is transferred under subparagraph (ii) of this paragraph with 19
the toll–free telephone number and website address of the State Tax Sale Ombudsman and 20
a brief description of the services and programs available through the Ombudsman’s office. 21
(iv) When an heir or a legatee of a decedent enters into a payment 22
plan with a county, a municipal corporation, or the State Tax Sale Ombudsman under 23
subparagraph (ii) of this paragraph, the collector of taxes for the county or municipal 24
corporation or the State Tax Sale Ombudsman shall provide the heir or legatee with an 25
affidavit of the payment plan, which the heir or legatee shall provide to the Clerk of the 26
Circuit Court to record an instrument transferring ownership to the heir or legatee. 27
(6) (i) The requirements for payment of real property taxes in 28
subsection (b) of this section do not apply to a grant of land that is subject to a payment 29
plan for property taxes with a county, a municipal corporation, or the State Tax Sale 30
Ombudsman if the grantee enters into an agreement with the county, municipal 31
corporation, or the State Tax Sale Ombudsman to assume the grantor’s obligations under 32
the payment plan. 33
(ii) The collector of taxes for the county or municipal corporation or 34
the State Tax Sale Ombudsman shall provide the grantee with an affidavit of the payment 35
plan, which the grantee shall provide to the Clerk of the Circuit Court to record an 36
instrument transferring ownership to the grantee. 37
HOUSE BILL 625 9
(d) Every deed or other instrument offered for recordation shall have the name of 1
each person typed or printed directly above or below the signature of the person. If a typed 2
or printed name is not provided as required in this subsection, the clerk shall make 3
reasonable efforts to determine the correct name under which the deed or other instrument 4
shall be indexed. 5
(e) (1) Any printed deed or other instrument offered for recordation shall be 6
printed in not less than eight–point type and in black letters and be on white paper of 7
sufficient weight and thickness to be clearly readable. If the deed or other instrument is 8
wholly typewritten or typewritten on a printed form, the typewriting shall be in black 9
letters, in not less than elite type and upon white paper of sufficient weight or thickness as 10
to be clearly readable. The foregoing provisions do not apply to manuscript covers or backs 11
customarily used on documents offered for recordation. The recording charge for any 12
instrument not conforming to these requirements shall be treble the normal charge. In any 13
clerk’s office where the deeds or other instruments are photostated or microfilmed, no 14
instrument on which a rider has been placed or attached in a manner obscuring, hiding, or 15
covering any other part of the instrument may be offered or received for record. No 16
instrument not otherwise readily subject to photostating or microfilming may be offered or 17
received for record until treble the normal recording charge is paid to the clerk and unless 18
an affidavit, black type on white paper, is attached and made a part of the document stating 19
the kind of instrument, the date, the parties to the transaction, description of the property, 20
and all other pertinent data. After any document has been recorded in one county, a 21
certified copy of the recorded document may be recorded in any other county. 22
(2) A certified copy of any document from a state, commonwealth, territory, 23
or possession of the United States, or the District of Columbia that would otherwise be 24
recordable under Maryland law may be recorded in this State, if the document contains: 25
(i) An original certification made by the clerk or other governmental 26
official having responsibility for the certification or authentication of recorded documents 27
in the jurisdiction where the document is recorded; and 28
(ii) An indication of the recording reference and court or other public 29
registry where the original document is recorded. 30
(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes 31
review of an instrument by the certifying attorney. 32
(ii) A deed other than a mortgage, a deed of trust, an assignment of 33
rents, an assignment of a lease for security purposes, or an assignment or a release of a 34
mortgage or a deed of trust may not be recorded unless it bears: 35
1. The certification of an attorney admitted to the Bar of this 36
State that the instrument has been prepared by the attorney or under the attorney’s 37
supervision; or 38
2. A certification by a party named in the instrument that 39 10 HOUSE BILL 625
the instrument was prepared by that party. 1
(iii) A mortgage, a deed of trust, an assignment of rents, an 2
assignment of a lease for security purposes, or an assignment or a release of a mortgage or 3
a deed of trust prepared by any attorney or one of the parties named in the instrument may 4
be recorded without the certification required under subparagraph (ii) of this paragraph. 5
(2) Every deed recorded in Prince George’s County shall contain a reference 6
to the election district in which the property described in the deed is located. 7
(3) Every deed or other instrument recorded in Talbot County shall have 8
written, typed, or printed on its back, to be readily visible when folded for filing in the 9
appropriate drawer or file, the name of every party to the deed or other instrument and the 10
nature or character of the instrument. 11
(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 12
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH T HE REQUIREMENTS 13
OF TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 14
(II) No deed granting property lying within the boundaries of any 15
sanitary district operated by the County Commissioners of Worcester County may be 16
accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 17
county to indicate that every assessment or charge currently due and owed to the county 18
with respect to the property described in the deed has been paid. 19
(5) (I) In Frederick County, if the property to be transferred is a 20
subdivision, which is being dissected from a larger tract of land, then every public tax, 21
assessment, and charge due on the larger tract shall be paid before the property is 22
transferred on the assessment books or land records. 23
(II) Notwithstanding any other provision of this section, in Frederick 24
County the certificate of the Treasurer and the appropriate municipal tax collector, if the 25
property is within an incorporated town or city, showing that every tax has been paid shall 26
be endorsed on the deed. The endorsement is sufficient authority for transfer on the 27
assessment books or land records. 28
(6) Every deed granting a right–of–way or other easement to a public 29
utility, public agency, or a department or agency of the State shall contain an accurate and 30
definite description as well as a reference to the liber and folio where the servient land was 31
granted and a recitation of the grantors, grantees, and the date of the reference deed. 32
(g) (1) This subsection does not apply to: 33
(i) An assignment of a mortgage or if presented for recordation, an 34
assignment of a deed of trust; 35
HOUSE BILL 625 11
(ii) A release of a deed of trust or mortgage; 1
(iii) A substitution of trustees on a deed of trust; 2
(iv) A power of attorney; 3
(v) A financing statement or an amendment, continuation, release, 4
or termination of a financing statement recorded in land records; or 5
(vi) A restrictive covenant modification executed under § 3–112 of 6
this subtitle. 7
(2) Except as provided in paragraph (1) of this subsection, each deed or 8
other instrument affecting property and presented for recordation shall be: 9
(i) Accompanied by a complete intake sheet, on the form that the 10
Administrative Office of the Courts provides; or 11
(ii) Endorsed as provided under paragraph (8) of this subsection. 12
(3) A complete intake sheet shall: 13
(i) Describe the property by at least one of the following property 14
identifiers: 15
1. The property tax account identification number, if any, or 16
in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 17
from the tax account number; 18
2. The street address, if any; 19
3. If the property is a lot within a subdivided tract, the lot 20
and block designation, or in Baltimore City, the current land record block number; 21
4. If the property is part of a tract that has been subdivided 22
informally and there is neither an assigned tax account identification number for the parcel 23
nor a lot and block designation, then the street address, if any, or the amount of acreage; 24
or 25
5. If the property consists of multiple parcels, the 26
designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 27
(ii) Name each grantor, donor, mortgagor, and assignor and each 28
grantee, donee, mortgagee, and assignee; 29
(iii) State the type of instrument; 30
12 HOUSE BILL 625
(iv) State the amount of consideration payable, including the amount 1
of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 2
secured; 3
(v) State the amount of recording charges due, including the land 4
records surcharge and any transfer and recordation taxes; 5
(vi) Identify, by citation or explanation, each claimed exemption from 6
recording taxes; 7
(vii) For an instrument effecting a change in ownership, state a tax 8
bill mailing address; and 9
(viii) Indicate the person to whom the instrument is to be returned. 10
(4) An intake sheet may request any other information that the 11
Administrative Office of the Courts considers necessary in expediting transfers of property 12
or recording and indexing of instruments. 13
(5) A clerk may not charge any fee for recording an intake sheet. 14
(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
PARAGRAPH , A clerk may not refuse to record an instrument that does not effect a change 16
of ownership on the assessment books solely because it is not accompanied by an intake 17
sheet. 18
(II) A CLERK MAY REFUSE TO RECORD A TRANSFER –ON–DEATH 19
DEED EXECUTED IN ACC ORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE IF 20
IT IS NOT ACCOMPANIE D BY AN INTAKE SHEET . 21
(7) A clerk may refuse to record a deed or instrument that effects a change 22
of ownership on the assessment rolls if the instrument is not accompanied by a complete 23
intake sheet or endorsed as transferred on the assessment books by the assessment office 24
for the county where the property is located. 25
(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 26
TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 27
10 OF THIS ARTICLE. 28
(II) If a deed or other instrument that effects a change in ownership 29
is submitted for transfer on the assessment books without an intake sheet, the person 30
offering the deed or other instrument shall mail or deliver to the person having charge of 31
the assessment books the information required on the intake sheet. 32
[(ii)] (III) When property is transferred on the assessment books 33
under this paragraph: 34 HOUSE BILL 625 13
1. The transfer shall be to the grantee or assignee named in 1
the deed or other instrument; and 2
2. The person recording the transfer shall evidence the fact 3
of the transfer on the deed or other instrument. 4
[(iii)] (IV) An endorsement under this paragraph is sufficient to 5
authorize the recording of the deed or other instrument by the clerk of the appropriate 6
court. 7
(9) A clerk may not record an instrument that effects a real property lease 8
dealing in natural gas and oil unless the instrument is accompanied by a complete intake 9
sheet. 10
(10) (i) An intake sheet shall be recorded immediately after the 11
instrument it accompanies. 12
(ii) The intake sheet is not part of the instrument and does not 13
constitute constructive notice as to the contents of the instrument. 14
(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 15
TRANSFER–ON–DEATH DEED. 16
2. The lack of an intake sheet does not affect the validity of 17
any conveyance, lien, or lien priority based on recordation of an instrument. 18
SUBTITLE 10. MARYLAND REAL PROPERTY TRANSFER–ON–DEATH (TOD) ACT. 19
14–1001. 20
(A) IN THIS SUBTITLE THE FOLLOWING TERMS HAVE THE MEANINGS 21
INDICATED. 22
(B) “BENEFICIARY” MEANS AN INDIVIDUAL WHO RECEIVES REAL 23
PROPERTY UNDER A TRA NSFER–ON–DEATH DEED. 24
(C) “DESIGNATED BENEFICIAR Y” MEANS AN INDIVIDUAL DESIGNATED TO 25
RECEIVE REAL PROPERT Y IN A TRANSFER–ON–DEATH DEED. 26
(D) (1) “FIDUCIARY” HAS THE MEANING STAT ED UNDER § 15–101 OF THE 27
ESTATES AND TRUSTS ARTICLE. 28
(2) “FIDUCIARY” INCLUDES AN ATTORNEY IN FACT. 29
14 HOUSE BILL 625
(E) “PROPERTY” MEANS AN INTEREST IN REAL PROPERTY LOCATE D IN THE 1
STATE THAT IS TRANSFE RABLE ON THE DEATH O F THE OWNER. 2
(F) “TRANSFER–ON–DEATH DEED ” MEANS A DEED AUTHORI ZED UNDER 3
THIS SUBTITLE. 4
(G) “TRANSFEROR ” MEANS AN INDIVIDUAL WHO MAKES A 5
TRANSFER–ON–DEATH DEED. 6
14–1002. 7
THIS SUBTITLE DOES NO T: 8
(1) AFFECT ANY METHOD OF TRANSFERRING PROPERT Y OTHERWISE 9
ALLOWED UNDER THE LA WS OF THE STATE; 10
(2) LIMIT THE RIGHT OF AN Y PERSON TO MAINTAIN A CIVIL ACTION 11
FOR DAMAGES OR OTHER REMEDIES OTHERWISE A VAILABLE UNDER ANY O THER 12
PROVISION OF LAW ; OR 13
(3) APPLY TO PROPERTY THA T IS HELD AS JOINT TENANTS, TENANTS 14
IN COMMON, OR TENANTS BY THE EN TIRETY. 15
14–1003. 16
AN INDIVIDUAL SOLE OW NER OF PROPERTY M AY TRANSFER THE PROP ERTY 17
TO A BENEFICIARY EFF ECTIVE AT THE TRANSF EROR’S DEATH BY A PROPERT Y 18
TRANSFER–ON–DEATH DEED. 19
14–1004. 20
(A) A TRANSFER–ON–DEATH DEED IS NONTES TAMENTARY . 21
(B) A TRANSFER–ON–DEATH DEED IS REVOCA BLE BY A TRANSFEROR EVEN 22
IF THE DEED OR OTHER INSTRUMENT CON TAINS A CONTRARY PRO VISION. 23
(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A 24
TRANSFER–ON–DEATH DEED IS THE SA ME AS THE CAPACITY R EQUIRED TO MAKE A 25
WILL. 26
14–1005. 27
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 28 HOUSE BILL 625 15
TRANSFER–ON–DEATH DEED SHALL COM PLY WITH § 4–101 OF THIS ARTICLE. 1
(B) A TRANSFER–ON–DEATH DEED SHALL STA TE THAT THE TRANSFER TO 2
THE DESIGNATED BENEF ICIARY IS TO OCCUR A T THE TRANSFEROR ’S DEATH. 3
14–1006. 4
(A) A TRANSFER–ON–DEATH DEED IS EFFECT IVE IF, PRIOR TO THE DEATH 5
OF THE TRANSFEROR , IT IS RECORDED IN TH E LAND RECORDS OF TH E COUNTY 6
WHERE THE PROPERTY I S LOCATED IN ACCORDA NCE WITH § 3–104 OF THIS 7
ARTICLE. 8
(B) A TRANSFER–ON–DEATH DEED IS EFFECT IVE WITHOUT: 9
(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY A D ESIGNATED 10
BENEFICIARY DURING T HE TRANSFEROR ’S LIFE; OR 11
(2) CONSIDERATION . 12
14–1007. 13
DURING A TRANSFEROR ’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT : 14
(1) AFFECT AN INTEREST OR A RIGHT OF THE TRANS FEROR OR ANY 15
OTHER OWNER , INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE 16
PROPERTY; 17
(2) AFFECT AN INTEREST OR A RIGHT OF A TRANSFE REE, EVEN IF THE 18
TRANSFEREE HAS ACTUA L OR CONSTRUCTIVE NO TICE OF THE 19
TRANSFER–ON–DEATH DEED; 20
(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED OR UNSECURED 21
CREDITOR OR FUTURE CREDITOR OF THE TRAN SFEROR, EVEN IF THE CREDITOR HAS 22
ACTUAL OR CONSTRUCTI VE NOTICE OF THE TRA NSFER–ON–DEATH DEED; 23
(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BENE FICIARY’S 24
ELIGIBILITY FOR ANY FORM OF PUBLIC ASSIS TANCE; 25
(5) CREATE A LEGAL OR EQU ITABLE INTEREST IN FAVOR OF ANY 26
DESIGNATED BENEFICIA RY; OR 27
(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR 28
OF ANY DESIGNATED BE NEFICIARY. 29 16 HOUSE BILL 625
14–1008. 1
(A) (1) PRIOR TO THE DEATH OF A TRANSFEROR , THE TRANSFEROR OR 2
THE TRANSFEROR ’S FIDUCIARY MAY REVO KE A PREVIOUSLY RECOR DED 3
TRANSFER–ON–DEATH DEED , OR ANY PART OF THAT RECORDED 4
TRANSFER–ON–DEATH DEED , BY RECORDING IN THE LAND RECORDS OF THE 5
COUNTY IN WHICH THE PROPERTY IS LOCATED AN EXECUTED AND ACKN OWLEDGED : 6
(I) TRANSFER–ON–DEATH DEED THAT REVO KES THE DEED OR 7
PART OF THE DEED EXP RESSLY OR BY INCONSI STENCY; 8
(II) REVOCATION DOCUMENT T HAT EXPRESSLY REVOKE S THE 9
DEED OR PART OF THE DEED; OR 10
(III) INTER VIVOS DEED THAT EXPRESSLY OR BY 11
INCONSISTENCY REVOKE S A TRANSFER –ON–DEATH DEED OR PART O F THE 12
TRANSFER–ON–DEATH DEED. 13
(2) IN ORDER TO BE EFFECT IVE, A DOCUMENT DESCRIBED UNDER 14
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE EXECUTED SUB SEQUENT TO THE 15
TRANSFER–ON–DEATH DEED THAT THE DOCUMENT REVOKES . 16
(B) AFTER A TRANSFER –ON–DEATH DEED IS RECORD ED, IT MAY NOT BE 17
REVOKED BY: 18
(1) A REVOCATORY ACT ON TH E DEED; OR 19
(2) A TESTAMENTARY DOCUMEN T EXECUTED BY THE TR ANSFEROR, 20
EVEN IF THE TESTAMEN TARY DOCUMENT IS EXE CUTED AFTER THE DATE OF 21
RECORDATION OF THE T RANSFER–ON–DEATH DEED. 22
(C) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VIVOS 23
TRANSFER OF THE PROP ERTY. 24
14–1009. 25
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THE TRANS FER–ON–DEATH 26
DEED OR IN THIS SECT ION, THIS SECTION APPLIES ON THE DEATH OF A TR ANSFEROR 27
TO PROPERTY THAT IS THE SUBJECT OF A TRANSFE R–ON–DEATH DEED OWNED BY 28
THE TRANSFEROR AT DE ATH, SUBJECT TO THE LIMIT ATIONS UNDER : 29
(I) TITLE 3, SUBTITLE 1 OF THE ESTATES AND TRUSTS 30 HOUSE BILL 625 17
ARTICLE (INTESTATE SUCCESSION); 1
(II) TITLE 3, SUBTITLE 3 OF THE ESTATES AND TRUSTS 2
ARTICLE (STATUTORY SHARE OF PRETERMITTED CHILD AND ISSUE); 3
(III) TITLE 3, SUBTITLE 4 OF THE ESTATES AND TRUSTS 4
ARTICLE (ELECTIVE SHARE OF SURVIVING SPOUSE); 5
(IV) § 4–105(B)(3) AND (4) OF THE ESTATES AND TRUSTS 6
ARTICLE (REVOCATION BY DIVORCE ); 7
(V) § 4–403 OF THE ESTATES AND TRUSTS ARTICLE (LAPSE); 8
(VI) § 11–112 OF THE ESTATES AND TRUSTS ARTICLE 9
(DISQUALIFICATION FROM INHERITING PROPERTY OR AN INTEREST IN PR OPERTY 10
FOR FELONIOUSLY AND INTENTIONALLY KILLIN G, CONSPIRING TO KILL , OR 11
PROCURING THE KILLIN G OF A DECEDENT ); AND 12
(VII) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE 13
(SIMULTANEOUS DEATH). 14
(2) (I) THE INTEREST IN THE P ROPERTY IS TRANSFERR ED TO A 15
DESIGNATED BENEFICIA RY IN ACCORDANCE WIT H THE TRANSFER –ON–DEATH DEED 16
ON THE DEATH OF THE TRANSFEROR IF THE BENEFICIARY S URVIVES THE 17
TRANSFEROR . 18
(II) IF THE DESIGNATED BEN EFICIARY DOES NOT SU RVIVE THE 19
TRANSFEROR AND THE T RANSFEROR HAS PROVID ED FOR AN ALTERNATE 20
DESIGNATED BENEFICIA RY IN THE TRANSFER –ON–DEATH DEED , THE INTEREST IN 21
THE PROPERTY IS TRAN SFERRED TO A SURVIVIN G ALTERNATE DESIGNAT ED 22
BENEFICIARY IN ACCOR DANCE WITH THE TRANS FER–ON–DEATH DEED ON THE 23
DEATH OF THE TRANSFE ROR. 24
(III) THE INTEREST OF ANY D ESIGNATED BENEFICIAR Y WHO 25
FAILS TO SURVIVE THE TRANSFEROR LAPSES . 26
(IV) A TRANSFER–ON–DEATH DEED MAY PROVI DE FOR 27
SUCCESSIVE ALTERNATE DESIGNATED BENEFICIA RIES. 28
(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THIS ARTICLE , A 29
BENEFICIARY TAKES TH E PROPERTY TRANSFERR ED BY THE 30
TRANSFER–ON–DEATH DEED SUBJECT T O ALL SECURITY AGREEMENTS , AS DEFINED 31
IN § 9–102 OF THE COMMERCIAL LAW ARTICLE, THAT THE PROPERTY IS SUBJ ECT 32 18 HOUSE BILL 625
TO AT THE TRANSFEROR ’S DEATH. 1
(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE 2
TRANSFER–ON–DEATH DEED IS DEEMED TO HAVE OCCURRED AT THE 3
TRANSFEROR ’S DEATH. 4
(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT 5
COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER–ON–DEATH DEED 6
CONTAINS A CONTRARY PROVISION. 7
14–1010. 8
ANY BENEFICIARY MAY D ISCLAIM ALL OR PART OF THE BENEFICIARY ’S 9
INTEREST AS PROVIDED UNDER THE MARYLAND UNIFORM DISCLAIMER OF 10
PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THE ESTATES AND TRUSTS 11
ARTICLE. 12
14–1011. 13
THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP AND MAKE 14
AVAILABLE TO THE PUB LIC AN INFORMATIONAL DOCUMENT REASONABLY 15
CALCULATED TO BE UNDERSTOOD BY A L AYPERSON THAT EXPLAI NS 16
TRANSFER–ON–DEATH DEEDS . 17
14–1012. 18
(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM DEED PROVIDED 19
IN THIS SECTION OR A NY OTHER INSTRUMENT USED TO CREATE A 20
TRANSFER–ON–DEATH DEED. 21
(B) THE FOLLOWING FORM MA Y BE USED TO CREATE A 22
TRANSFER–ON–DEATH DEED: 23
REVOCABLE TRANSFER –ON–DEATH (TOD) DEED 24
NOTICE TO OWNER 25
YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 26
THIS FORM MUST BE REC ORDED IN EACH COUNTY (OR BALTIMORE CITY) IN 27
WHICH THE PROPERTY I S LOCATED BEFORE YOUR DEATH, OR IT WILL NOT BE 28
EFFECTIVE. 29
HOUSE BILL 625 19
A TRANSFER–ON–DEATH DEED MAY ONLY BE EXECUTED BY THE SOLE 1
OWNER OF REAL PROPERTY. 2
IDENTIFYING INFORMATION 3
OWNER MAKING THIS DEED: 4
__________________________ ________________________________ 5
PRINTED NAME MAILING ADDRESS 6
LEGAL DESCRIPTION OF THE PROPERTY : 7
____________________________________________________________ 8
PRIMARY BENEFICIARY 9
I DESIGNATE THE FOLLOW ING BENEFICIARY IF T HE BENEFICIARY SURVI VES 10
ME. 11
_________________________ _________________________________ 12
PRINTED NAME MAILING ADDRESS , IF AVAILABLE 13
ALTERNATE BENEFICIARY – OPTIONAL 14
IF MY PRIMARY BENEFIC IARY DOES NOT SURVIV E ME, I DESIGNATE THE 15
FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. 16
_________________________ _________________________________ 17
PRINTED NAME MAILING ADDRESS , IF AVAILABLE 18
TRANSFER ON DEATH 19
AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY TO 20
THE BENEFICIARIES AS DESIGNATED ABOVE . 21
BEFORE MY DEATH , I HAVE THE RIGHT TO REVOKE THIS DEED. 22
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 23
_________________________ (SEAL) _________________ 24
SIGNATURE DATE 25
_______________________________ 26 20 HOUSE BILL 625
PRINTED NAME 1
ACKNOWLEDGMENT 2
STATE OF _______________ COUNTY OF ________________ 3
THIS RECORD WAS ACKNO WLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 4
___________________________________ 5
SIGNATURE OF NOTARIAL OFFICER 6
TITLE OF OFFICE 7
STAMP 8
MY COMMISSION EXPIRES : ________ 9
PREPARER 10
I HEREBY CERTIFY THAT THIS REVOCABLE TRANS FER–ON–DEATH DEED WAS 11
PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 12
BENEFICIARY), A PARTY TO THIS INST RUMENT. 13
SIGNATURE: ____________________________ 14
PRINTED NAME: ________________________ 15
(C) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 16
THE FORM TRANSFER –ON–DEATH DEED: 17
COMMON QUESTIONS ABOUT THE USE OF THIS FORM 18
THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 19
A TRANSFER –ON–DEATH DEED AT THE OFFICE OF LAND RECORDS. 20
WHAT DOES THE TRANSFE R–ON–DEATH (TOD) DEED DO? WHEN YOU DIE, 21
THIS DEED TRANSFERS THE DESCRIBED PROPER TY, SUBJECT TO CERTAIN 22
SECURITY AGREEMENTS ON THE PROPERTY AT Y OUR DEATH . PROBATE IS NOT 23
REQUIRED. THE TOD DEED HAS NO EFFECT U NTIL YOU DIE. YOU CAN REVOKE IT AT 24
ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERT Y TO SOMEONE ELSE 25
DURING YOUR LIFETIME . IF YOU DO NOT OWN ANY INTEREST IN THE PROP ERTY 26
WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. 27 HOUSE BILL 625 21
HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM . HAVE IT 1
ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR O THER INDIVIDUAL AUTH ORIZED 2
UNDER LAW TO TAKE AC KNOWLEDGMENTS . RECORD THE FORM IN EA CH COUNTY 3
WHERE ANY PART OF TH E PROPERTY IS LOCATE D. THE FORM HAS NO EFFEC T 4
UNLESS IT IS ACKNOWL EDGED AND RECORDED B EFORE YOUR DEATH . 5
IS THE “LEGAL DESCRIPTION ” OF THE PROPERTY NECE SSARY? YES. 6
HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 7
INFORMATION MAY BE O N THE DEED YOU RECEIVED WH EN YOU BECAME AN OWN ER 8
OF THE PROPERTY . THIS INFORMATION MAY ALSO BE AVAILABLE IN THE OFFICE OF 9
THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY WHERE THE PROP ERTY IS 10
LOCATED. IF YOU ARE NOT ABSOLU TELY SURE, CONSULT A LAWYER . 11
CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED? YES. IF YOU 12
HAVE NOT YET RECORDE D THE DEED AND WANT TO CHANGE YOUR MIND , SIMPLY 13
TEAR UP OR OTHERWISE DESTROY THE DEED . 14
HOW DO I “RECORD” THE TOD DEED? TAKE THE COMPLETED AN D 15
ACKNOWLEDGED FORM TO THE CLERK OF THE CI RCUIT COURT FOR THE COUNTY 16
WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 17
CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 18
IF THE PROPERTY IS IN MORE THAN ONE COUNTY , YOU SHOULD RECORD TH E DEED 19
IN EACH COUNTY . 20
CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND ? YES. YOU CAN 21
REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFI CIARIES, CAN PREVENT 22
YOU FROM REVOKING TH E DEED. 23
HOW DO I REVOKE THE TOD DEED AFTER IT IS REC ORDED? THERE ARE 24
THREE WAYS TO REVOKE A RECORDE D TOD DEED: (1) COMPLETE AND 25
ACKNOWLEDGE A REVOCA TION FORM, AND RECORD IT IN EAC H COUNTY WHERE THE 26
PROPERTY IS LOCATED . (2) COMPLETE AND ACKNOWLE DGE A NEW TOD DEED THAT 27
DISPOSES OF THE SAME PROPERTY, AND RECORD IT IN EAC H COUNTY WHERE THE 28
PROPERTY IS LOCAT ED. (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURI NG 29
YOUR LIFETIME BY A R ECORDED DEED THAT EX PRESSLY REVOKES THE TOD DEED. 30
YOU MAY NOT REVOKE TH E TOD DEED BY WILL. 31
I AM BEING PRESSURED T O COMPLETE THIS FORM . WHAT SHOULD I DO? DO 32
NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 33
FAMILY MEMBER , FRIEND, OR LAWYER. 34
22 HOUSE BILL 625
DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TOD DEED? NO, BUT IT 1
IS RECOMMENDED . SECRECY CAN CAUSE LAT ER COMPLICATIONS AND MIGHT MAKE 2
IT EASIER FOR OTHERS TO COMMIT FRAUD . 3
I HAVE OTHER QUESTIONS AB OUT THIS FORM . WHAT SHOULD I DO? THIS 4
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 5
QUESTIONS, YOU ARE ENCOURAGED T O CONSULT A LAWYER . 6
14–1013. 7
(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM PROVIDED UNDER 8
THIS SECTION , OR ANY OTHER INSTRUM ENT USED TO REVOKE A 9
TRANSFER–ON–DEATH DEED. 10
(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 11
REVOCATION UNDER THI S SUBTITLE: 12
REVOCATION OF TRANSFER –ON–DEATH (TOD) DEED 13
NOTICE TO OWNER 14
THIS REVOCATION MUST BE RECORDED IN EACH COUNTY (OR BALTIMORE 15
CITY) IN WHICH THE PROPERT Y IS LOCATED BEFORE YOU DIE OR IT WILL N OT BE 16
EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 17
PROPERTY OF THE OWNE R WHO SIGNS THIS REV OCATION. 18
IDENTIFYING INFORMATION 19
OWNER OF PROPERTY MAKING THIS REVOCATION: 20
_____________________________ _____________________________ 21
PRINTED NAME MAILING ADDRESS 22
LEGAL DESCRIPTION OF THE PROPERTY : 23
____________________________________________________________ 24
REVOCATION 25
I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 26
TRANSFER–ON–DEATH DEED. 27
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 28 HOUSE BILL 625 23
_______________________________ (SEAL) _______________ 1
SIGNATURE DATE 2
_______________________________ 3
PRINTED NAME 4
ACKNOWLEDGMENT 5
STATE OF ____________ COUNTY OF ______________ 6
THIS RECORD WAS ACKNO WLEDGED BEFORE ME ON THE DAY OF ___, 20__, BY 7
___________________________________ 8
SIGNATURE OF NOTARIAL OFFICER 9
TITLE OF OFFICE 10
STAMP 11
MY COMMISSION EXPIRES : ________ 12
PREPARER 13
I HEREBY CERTIFY THAT THIS REVOCATION OF T RANSFER–ON–DEATH DEED WAS 14
PREPARED BY _________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 15
BENEFICIARY), A PARTY TO THIS INST RUMENT. 16
SIGNATURE: ____________________________ 17
PRINTED NAME: ________________________ 18
(C) THE FOLLOWING MAY BE USED AS AN INFORMATI ONAL SHEET TO 19
EXPLAIN THE REVOCATI ON FORM FOR TRANSFER –ON–DEATH DEED: 20
COMMON QUESTIONS ABOUT REVOKING A TRANSFER –ON–DEATH 21
DEED 22
THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 23
REVOCATION OF A TRANSFER –ON–DEATH DEED AT THE OFFICE OF 24
LAND RECORDS. 25
HOW DO I USE THIS FORM TO REV OKE A TRANSFER –ON–DEATH (TOD) DEED? 26 24 HOUSE BILL 625
COMPLETE THIS FORM . HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBL IC OR 1
OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE AC KNOWLEDGMENTS . 2
RECORD THE FORM IN TH E LAND RECORDS OF EA CH COUNTY WHERE THE 3
PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDE D 4
BEFORE YOUR DEATH OR IT HAS NO EFFECT. 5
HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 6
INFORMATION MAY BE O N THE TOD DEED. IT MAY ALSO BE AVAILA BLE IN THE LAND 7
RECORDS FOR THE COUN TY WHERE THE PROPERT Y IS LOCATED. IF YOU ARE NOT 8
ABSOLUTELY SURE , CONSULT A LAWYER . 9
HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 10
ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 11
WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 12
CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 13
IF THE PROPERTY IS LO CATED IN MORE THAN O NE COUNTY, YOU SHOULD RECORD 14
THE FORM IN EACH OF T HOSE COUNTIES . 15
I AM BEING PRESSURED T O COMPLETE THIS FORM . WHAT SHOULD I DO? DO 16
NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 17
FAMILY MEMBER , FRIEND, OR LAWYER. 18
I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 19
FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 20
QUESTIONS, CONSULT A LAWYER . 21
14–1014. 22
THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 23
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 24
SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 25
101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 26
DELIVERY OF ANY OF T HE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15 27
U.S.C. SECTION 7003(B). 28
Article – Tax – Property 29
12–108. 30
(II) A REAL PROPERTY TRANSF ER–ON–DEATH DEED UNDER TITLE 14 OF 31
THE REAL PROPERTY ARTICLE IS NOT SUBJEC T TO RECORDATION TAX IF THE 32
PROPERTY IS A PRIMAR Y RESIDENCE OR A SEC ONDARY RESIDENCE OF THE 33
TRANSFEROR . 34
HOUSE BILL 625 25
13–207. 1
(a) An instrument of writing is not subject to transfer tax to the same extent that 2
it is not subject to recordation tax under: 3
(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 4
in bankruptcy); [or] 5
(26) § 12–108(hh) of this article (Transfer of real property within the Pimlico 6
racing facility site, Pimlico site, Bowie Race Course Training Center property, or training 7
facility site); OR 8
(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY 9
TRANSFER–ON–DEATH DEED). 10
13–414. 11
AN INSTRUMENT OF WR ITING THAT IS EXEMPT FROM RECORDATION TAX 12
UNDER § 12–108(II) OF THIS ARTICLE (REAL PROPERTY TRANSFE R–ON–DEATH 13
DEED) IS NOT SUBJECT TO CO UNTY TRANSFER TAX . 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act, to the extent 15
practicable, shall be interpreted and enforced by a court in accordance with existing law 16
governing life estates with powers of alienation. 17
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 18
transfer–on–death deed that was made before, on, or after the effective date of this Act by 19
a transferor who dies on or after the effective date of this Act. 20
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22