Maryland 2025 Regular Session

Maryland House Bill HB625 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0625
6	6
7	7	HOUSE BILL 625
8	8	N1, N2 5lr1529
9	9
10	10	By: Delegates Phillips, Hill, and Woods
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Judiciary and Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Real Property – Transfer–on–Death Deed – Establishment 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 the clerks of the circuit court; exempting a certain 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 2024 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 2024 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 HOUSE BILL 625
49	49
50	50
51	51	(2022 Replacement Volume and 2024 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	(2023 Replacement Volume and 2024 Supplement) 6
58	58
59	59	BY adding to 7
60	60	Article – Real Property 8
61	61	Section 14–1001 through 14–1014 to be under the new subtitle “Subtitle 10. 9
62	62	Maryland Real Property Transfer–on–Death (TOD) Act” 10
63	63	Annotated Code of Maryland 11
64	64	(2023 Replacement Volume and 2024 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 2024 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 2024 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 ACCORDANCE W ITH THE 28
88	88	REQUIREMENTS OF TITLE 14, SUBTITLE 10 OF THE REAL PROPERTY ARTICLE IS 29
89	89	EFFECTIVE ACCORDING TO THE PRO VISIONS OF THAT SUBT ITLE. 30
90	90
91	91	(B) TRANSFERS OF REAL PRO PERTY UNDER TITLE 14, SUBTITLE 10 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	HOUSE BILL 625 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 SUBJECT OF THE DISCLAIMER 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 HOUSE BILL 625
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 TRANSFER –ON–DEATH DEED 14
168	168	EXECUTED IN ACCORDAN CE WITH TITLE 14, SUBTITLE 10 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 TRANSFER–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 HOUSE BILL 625 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	(3) (i) On request, the treasurer, tax collector, or director of finance for 19
219	219	a county shall issue to the requester a certificate clearly enumerating by type and amount 20
220	220	any public taxes, assessments, and charges due to the county or municipality against a 21
221	221	property located in the county or municipality. 22
222	222
223	223	(ii) A certificate issued under this paragraph shall bar any charge or 23
224	224	assessment against the property levied on a bona fide purchaser for value with no notice of 24
225	225	the charge or assessment prior to the purchase of the property. 25
226	226
227	227	(iii) A collecting agent presented with a certificate issued under this 26
228	228	paragraph within 45 days after issuance shall endorse the deed as required under 27
229	229	paragraph (1)(ii) or (2)(ii) of this subsection on payment of all charges set forth in the 28
230	230	certificate and any applicable transfer or recordation taxes. 29
231	231
232	232	(iv) A county or municipality may collect a fee of up to $55 for the 30
233	233	issuance of a certificate under this paragraph. 31
234	234
235	235	(v) The payment of a fee and the issuance of a certificate under this 32
236	236	paragraph may not preclude a claim by a county or municipality to payment of a charge or 33
237	237	assessment against: 34
238	238
239	239	1. The owner of the property at the time of the issuance of 35
240	240	the certificate; or 36 6 HOUSE BILL 625
241	241
242	242
243	243
244	244	2. A person who acquires the property with knowledge of the 1
245	245	charge or assessment. 2
246	246
247	247	(vi) Each treasurer, tax collector, or director of finance of a county 3
248	248	shall adopt procedures to implement the requirements of this paragraph, including 4
249	249	procedures for obtaining a statement on a certificate issued under this paragraph of all 5
250	250	taxes, assessments, and charges due to a municipality on the transfer of ownership of a 6
251	251	property. 7
252	252
253	253	(c) (1) (i) 1. The requirements for prepayment of personal property 8
254	254	taxes in subsection (b) of this section do not apply to grants of land made: 9
255	255
256	256	A. By or on behalf of any mortgagee, lien creditor, trustee of 10
257	257	a deed of trust, judgment creditor, trustee in bankruptcy or receiver, and any other 11
258	258	court–appointed officer in an insolvency or liquidation proceeding; or 12
259	259
260	260	B. By a deed in lieu of foreclosure to any holder of a mortgage 13
261	261	or deed of trust or to the holder’s assignee or designee. 14
262	262
263	263	2. The requirements for payment of real property taxes in 15
264	264	subsection (b) of this section do not apply to grants of land that transfer residential real 16
265	265	property from the estate of a decedent to an heir or a legatee of the decedent, if the heir or 17
266	266	legatee of the decedent enters into a payment plan to pay all public taxes, assessments, and 18
267	267	charges currently due and owed on the property with: 19
268	268
269	269	A. The county or municipal corporation to which the taxes, 20
270	270	assessments, and charges are due; or 21
271	271
272	272	B. The State Tax Sale Ombudsman. 22
273	273
274	274	3. The collector of taxes for the county or municipal 23
275	275	corporation to which the taxes, assessments, or charges are due shall provide the heir or 24
276	276	legatee of a decedent to whom property is transferred under subsubparagraph 2 of this 25
277	277	subparagraph with the toll–free telephone number and website address of the State Tax 26
278	278	Sale Ombudsman and a brief description of the services and programs available through 27
279	279	the Ombudsman’s office. 28
280	280
281	281	4. When an heir or a legatee of a decedent enters into a 29
282	282	payment plan with a county, a municipal corporation, or the State Tax Sale Ombudsman 30
283	283	under subsubparagraph 2 of this subparagraph, the collector of taxes for the county or 31
284	284	municipal corporation or the State Tax Sale Ombudsman shall provide the heir or legatee 32
285	285	with an affidavit of the payment plan, which the heir or legatee shall provide to the Clerk 33
286	286	of the Circuit Court to record an instrument transferring ownership to the heir or legatee. 34
287	287
288	288	(ii) Notwithstanding any other provision of law, and except as 35
289	289	provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other 36 HOUSE BILL 625 7
290	290
291	291
292	292	instrument that effects a grant of land described in subparagraph (i)1 of this paragraph, 1
293	293	the land shall be free and clear of, and unencumbered by, any lien or claim of lien for any 2
294	294	unpaid taxes on personal property. 3
295	295
296	296	(iii) Subparagraph (ii) of this paragraph does not apply to: 4
297	297
298	298	1. Any lien for unpaid taxes on personal property that 5
299	299	attached to the land by recording and indexing a notice as provided in § 14–804(b) of the 6
300	300	Tax – Property Article prior to the recording of the mortgage, lien, deed of trust, or other 7
301	301	encumbrance giving rise to the grant of land described in subparagraph (i)1 of this 8
302	302	paragraph; or 9
303	303
304	304	2. Unpaid taxes on personal property owed by the transferee 10
305	305	or subsequent owner of the land after a grant of land described in subparagraph (i)1 of this 11
306	306	paragraph. 12
307	307
308	308	(iv) This paragraph does not affect the rights of the personal property 13
309	309	tax lienholder to make a claim to any surplus proceeds from a judicial sale of land resulting 14
310	310	in a grant of land described in subparagraph (i)1 of this paragraph. 15
311	311
312	312	(2) Subsection (b) of this section does not apply in Charles, St. Mary’s, 16
313	313	Dorchester, Harford, Howard, Kent, Prince George’s, Worcester, Carroll, Montgomery, 17
314	314	Frederick and Washington counties to any deed executed as a mere conduit or for 18
315	315	convenience in holding and passing title, known popularly as a straw deed or, as provided 19
316	316	in § 4–108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed 20
317	317	which is a supplementary instrument merely confirming, correcting, or modifying a 21
318	318	previously recorded deed, if there is no actual consideration paid or to be paid for the 22
319	319	execution of the supplementary instrument. 23
320	320
321	321	(3) Subsection (b) of this section does not apply in Baltimore City and Anne 24
322	322	Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed 25
323	323	transferring property to the county when the controller or treasurer of the county has 26
324	324	certified that the conveyance does not impair the security for any public taxes, assessments, 27
325	325	and charges due on the remaining property of the grantor. 28
326	326
327	327	(4) (i) Property may be transferred on the assessment books or records 29
328	328	in July, August, or September if instead of paying the taxes required under subsection (b)(1) 30
329	329	of this section on a property transfer by assumption, a lender or the attorney handling the 31
330	330	transfer of title files with the county treasurer, tax collector, or director of finance of the 32
331	331	county in which the property is assessed a statement that certifies that the lender 33
332	332	maintains a real estate tax escrow account. 34
333	333
334	334	(ii) Upon receipt of the statement required in subparagraph (i) of 35
335	335	this paragraph, the county treasurer, tax collector, or director of finance shall endorse on 36
336	336	the deed an appropriate certification and the endorsement shall be sufficient authority for 37
337	337	transfer on the assessment books. 38
338	338	8 HOUSE BILL 625
339	339
340	340
341	341	(5) (i) Except as provided in subparagraph (ii) of this paragraph, at the 1
342	342	time of transfer of real property subject to a semiannual payment schedule for the payment 2
343	343	of property taxes, only those semiannual payments that are due for the current taxable 3
344	344	year under § 10–204.3 of the Tax – Property Article must be paid prior to the transfer of 4
345	345	the property. 5
346	346
347	347	(ii) The semiannual payments that are due for the current taxable 6
348	348	year under § 10–204.3 of the Tax – Property Article are not required to be paid before the 7
349	349	transfer of the property if: 8
350	350
351	351	1. The property is residential real property that is being 9
352	352	transferred from the estate of a decedent to an heir or a legatee of the decedent; and 10
353	353
354	354	2. The heir or legatee of the decedent enters into a payment 11
355	355	plan to pay all public taxes, assessments, and charges currently due and owed on the 12
356	356	property with: 13
357	357
358	358	A. The county or municipal corporation to which the taxes, 14
359	359	assessments, and charges are due; or 15
360	360
361	361	B. The State Tax Sale Ombudsman. 16
362	362
363	363	(iii) The collector of taxes for the county or municipal corporation to 17
364	364	which the taxes, assessments, or charges are due shall provide the heir or legatee of a 18
365	365	decedent to whom property is transferred under subparagraph (ii) of this paragraph with 19
366	366	the toll–free telephone number and website address of the State Tax Sale Ombudsman and 20
367	367	a brief description of the services and programs available through the Ombudsman’s office. 21
368	368
369	369	(iv) When an heir or a legatee of a decedent enters into a payment 22
370	370	plan with a county, a municipal corporation, or the State Tax Sale Ombudsman under 23
371	371	subparagraph (ii) of this paragraph, the collector of taxes for the county or municipal 24
372	372	corporation or the State Tax Sale Ombudsman shall provide the heir or legatee with an 25
373	373	affidavit of the payment plan, which the heir or legatee shall provide to the Clerk of the 26
374	374	Circuit Court to record an instrument transferring ownership to the heir or legatee. 27
375	375
376	376	(6) (i) The requirements for payment of real property taxes in 28
377	377	subsection (b) of this section do not apply to a grant of land that is subject to a payment 29
378	378	plan for property taxes with a county, a municipal corporation, or the State Tax Sale 30
379	379	Ombudsman if the grantee enters into an agreement with the county, municipal 31
380	380	corporation, or the State Tax Sale Ombudsman to assume the grantor’s obligations under 32
381	381	the payment plan. 33
382	382
383	383	(ii) The collector of taxes for the county or municipal corporation or 34
384	384	the State Tax Sale Ombudsman shall provide the grantee with an affidavit of the payment 35
385	385	plan, which the grantee shall provide to the Clerk of the Circuit Court to record an 36
386	386	instrument transferring ownership to the grantee. 37
387	387	HOUSE BILL 625 9
388	388
389	389
390	390	(d) Every deed or other instrument offered for recordation shall have the name of 1
391	391	each person typed or printed directly above or below the signature of the person. If a typed 2
392	392	or printed name is not provided as required in this subsection, the clerk shall make 3
393	393	reasonable efforts to determine the correct name under which the deed or other instrument 4
394	394	shall be indexed. 5
395	395
396	396	(e) (1) Any printed deed or other instrument offered for recordation shall be 6
397	397	printed in not less than eight–point type and in black letters and be on white paper of 7
398	398	sufficient weight and thickness to be clearly readable. If the deed or other instrument is 8
399	399	wholly typewritten or typewritten on a printed form, the typewriting shall be in black 9
400	400	letters, in not less than elite type and upon white paper of sufficient weight or thickness as 10
401	401	to be clearly readable. The foregoing provisions do not apply to manuscript covers or backs 11
402	402	customarily used on documents offered for recordation. The recording charge for any 12
403	403	instrument not conforming to these requirements shall be treble the normal charge. In any 13
404	404	clerk’s office where the deeds or other instruments are photostated or microfilmed, no 14
405	405	instrument on which a rider has been placed or attached in a manner obscuring, hiding, or 15
406	406	covering any other part of the instrument may be offered or received for record. No 16
407	407	instrument not otherwise readily subject to photostating or microfilming may be offered or 17
408	408	received for record until treble the normal recording charge is paid to the clerk and unless 18
409	409	an affidavit, black type on white paper, is attached and made a part of the document stating 19
410	410	the kind of instrument, the date, the parties to the transaction, description of the property, 20
411	411	and all other pertinent data. After any document has been recorded in one county, a 21
412	412	certified copy of the recorded document may be recorded in any other county. 22
413	413
414	414	(2) A certified copy of any document from a state, commonwealth, territory, 23
415	415	or possession of the United States, or the District of Columbia that would otherwise be 24
416	416	recordable under Maryland law may be recorded in this State, if the document contains: 25
417	417
418	418	(i) An original certification made by the clerk or other governmental 26
419	419	official having responsibility for the certification or authentication of recorded documents 27
420	420	in the jurisdiction where the document is recorded; and 28
421	421
422	422	(ii) An indication of the recording reference and court or other public 29
423	423	registry where the original document is recorded. 30
424	424
425	425	(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes 31
426	426	review of an instrument by the certifying attorney. 32
427	427
428	428	(ii) A deed other than a mortgage, a deed of trust, an assignment of 33
429	429	rents, an assignment of a lease for security purposes, or an assignment or a release of a 34
430	430	mortgage or a deed of trust may not be recorded unless it bears: 35
431	431
432	432	1. The certification of an attorney admitted to the Bar of this 36
433	433	State that the instrument has been prepared by the attorney or under the attorney’s 37
434	434	supervision; or 38
435	435
436	436	2. A certification by a party named in the instrument that 39 10 HOUSE BILL 625
437	437
438	438
439	439	the instrument was prepared by that party. 1
440	440
441	441	(iii) A mortgage, a deed of trust, an assignment of rents, an 2
442	442	assignment of a lease for security purposes, or an assignment or a release of a mortgage or 3
443	443	a deed of trust prepared by any attorney or one of the parties named in the instrument may 4
444	444	be recorded without the certification required under subparagraph (ii) of this paragraph. 5
445	445
446	446	(2) Every deed recorded in Prince George’s County shall contain a reference 6
447	447	to the election district in which the property described in the deed is located. 7
448	448
449	449	(3) Every deed or other instrument recorded in Talbot County shall have 8
450	450	written, typed, or printed on its back, to be readily visible when folded for filing in the 9
451	451	appropriate drawer or file, the name of every party to the deed or other instrument and the 10
452	452	nature or character of the instrument. 11
453	453
454	454	(4) (I) THIS PARAGRAPH DOES N OT APPLY TO A 12
455	455	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH T HE REQUIREMENTS 13
456	456	OF TITLE 14, SUBTITLE 10 OF THIS ARTICLE. 14
457	457
458	458	(II) No deed granting property lying within the boundaries of any 15
459	459	sanitary district operated by the County Commissioners of Worcester County may be 16
460	460	accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the 17
461	461	county to indicate that every assessment or charge currently due and owed to the county 18
462	462	with respect to the property described in the deed has been paid. 19
463	463
464	464	(5) (I) In Frederick County, if the property to be transferred is a 20
465	465	subdivision, which is being dissected from a larger tract of land, then every public tax, 21
466	466	assessment, and charge due on the larger tract shall be paid before the property is 22
467	467	transferred on the assessment books or land records. 23
468	468
469	469	(II) Notwithstanding any other provision of this section, in Frederick 24
470	470	County the certificate of the Treasurer and the appropriate municipal tax collector, if the 25
471	471	property is within an incorporated town or city, showing that every tax has been paid shall 26
472	472	be endorsed on the deed. The endorsement is sufficient authority for transfer on the 27
473	473	assessment books or land records. 28
474	474
475	475	(6) Every deed granting a right–of–way or other easement to a public 29
476	476	utility, public agency, or a department or agency of the State shall contain an accurate and 30
477	477	definite description as well as a reference to the liber and folio where the servient land was 31
478	478	granted and a recitation of the grantors, grantees, and the date of the reference deed. 32
479	479
480	480	(g) (1) This subsection does not apply to: 33
481	481
482	482	(i) An assignment of a mortgage or if presented for recordation, an 34
483	483	assignment of a deed of trust; 35
484	484	HOUSE BILL 625 11
485	485
486	486
487	487	(ii) A release of a deed of trust or mortgage; 1
488	488
489	489	(iii) A substitution of trustees on a deed of trust; 2
490	490
491	491	(iv) A power of attorney; 3
492	492
493	493	(v) A financing statement or an amendment, continuation, release, 4
494	494	or termination of a financing statement recorded in land records; or 5
495	495
496	496	(vi) A restrictive covenant modification executed under § 3–112 of 6
497	497	this subtitle. 7
498	498
499	499	(2) Except as provided in paragraph (1) of this subsection, each deed or 8
500	500	other instrument affecting property and presented for recordation shall be: 9
501	501
502	502	(i) Accompanied by a complete intake sheet, on the form that the 10
503	503	Administrative Office of the Courts provides; or 11
504	504
505	505	(ii) Endorsed as provided under paragraph (8) of this subsection. 12
506	506
507	507	(3) A complete intake sheet shall: 13
508	508
509	509	(i) Describe the property by at least one of the following property 14
510	510	identifiers: 15
511	511
512	512	1. The property tax account identification number, if any, or 16
513	513	in Montgomery County, any parcel identifier required under § 3–501 of this title, if different 17
514	514	from the tax account number; 18
515	515
516	516	2. The street address, if any; 19
517	517
518	518	3. If the property is a lot within a subdivided tract, the lot 20
519	519	and block designation, or in Baltimore City, the current land record block number; 21
520	520
521	521	4. If the property is part of a tract that has been subdivided 22
522	522	informally and there is neither an assigned tax account identification number for the parcel 23
523	523	nor a lot and block designation, then the street address, if any, or the amount of acreage; 24
524	524	or 25
525	525
526	526	5. If the property consists of multiple parcels, the 26
527	527	designation “various lots of ground” or the abbreviation “VAR. L.O.G.”; 27
528	528
529	529	(ii) Name each grantor, donor, mortgagor, and assignor and each 28
530	530	grantee, donee, mortgagee, and assignee; 29
531	531
532	532	(iii) State the type of instrument; 30
533	533	12 HOUSE BILL 625
534	534
535	535
536	536	(iv) State the amount of consideration payable, including the amount 1
537	537	of any mortgage or deed of trust indebtedness assumed, or the principal amount of debt 2
538	538	secured; 3
539	539
540	540	(v) State the amount of recording charges due, including the land 4
541	541	records surcharge and any transfer and recordation taxes; 5
542	542
543	543	(vi) Identify, by citation or explanation, each claimed exemption from 6
544	544	recording taxes; 7
545	545
546	546	(vii) For an instrument effecting a change in ownership, state a tax 8
547	547	bill mailing address; and 9
548	548
549	549	(viii) Indicate the person to whom the instrument is to be returned. 10
550	550
551	551	(4) An intake sheet may request any other information that the 11
552	552	Administrative Office of the Courts considers necessary in expediting transfers of property 12
553	553	or recording and indexing of instruments. 13
554	554
555	555	(5) A clerk may not charge any fee for recording an intake sheet. 14
556	556
557	557	(6) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
558	558	PARAGRAPH , A clerk may not refuse to record an instrument that does not effect a change 16
559	559	of ownership on the assessment books solely because it is not accompanied by an intake 17
560	560	sheet. 18
561	561
562	562	(II) A CLERK MAY REFUSE TO RECORD A TRANSFER –ON–DEATH 19
563	563	DEED EXECUTED IN ACC ORDANCE WITH TITLE 14, SUBTITLE 10 OF THIS ARTICLE IF 20
564	564	IT IS NOT ACCOMPANIE D BY AN INTAKE SHEET . 21
565	565
566	566	(7) A clerk may refuse to record a deed or instrument that effects a change 22
567	567	of ownership on the assessment rolls if the instrument is not accompanied by a complete 23
568	568	intake sheet or endorsed as transferred on the assessment books by the assessment office 24
569	569	for the county where the property is located. 25
570	570
571	571	(8) (i) THIS PARAGRAPH DOES N OT APPLY TO A 26
572	572	TRANSFER–ON–DEATH DEED EXECUTED IN ACCORDANCE WITH TITLE 14, SUBTITLE 27
573	573	10 OF THIS ARTICLE. 28
574	574
575	575	(II) If a deed or other instrument that effects a change in ownership 29
576	576	is submitted for transfer on the assessment books without an intake sheet, the person 30
577	577	offering the deed or other instrument shall mail or deliver to the person having charge of 31
578	578	the assessment books the information required on the intake sheet. 32
579	579
580	580	[(ii)] (III) When property is transferred on the assessment books 33
581	581	under this paragraph: 34 HOUSE BILL 625 13
582	582
583	583
584	584
585	585	1. The transfer shall be to the grantee or assignee named in 1
586	586	the deed or other instrument; and 2
587	587
588	588	2. The person recording the transfer shall evidence the fact 3
589	589	of the transfer on the deed or other instrument. 4
590	590
591	591	[(iii)] (IV) An endorsement under this paragraph is sufficient to 5
592	592	authorize the recording of the deed or other instrument by the clerk of the appropriate 6
593	593	court. 7
594	594
595	595	(9) A clerk may not record an instrument that effects a real property lease 8
596	596	dealing in natural gas and oil unless the instrument is accompanied by a complete intake 9
597	597	sheet. 10
598	598
599	599	(10) (i) An intake sheet shall be recorded immediately after the 11
600	600	instrument it accompanies. 12
601	601
602	602	(ii) The intake sheet is not part of the instrument and does not 13
603	603	constitute constructive notice as to the contents of the instrument. 14
604	604
605	605	(iii) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A 15
606	606	TRANSFER–ON–DEATH DEED. 16
607	607
608	608	2. The lack of an intake sheet does not affect the validity of 17
609	609	any conveyance, lien, or lien priority based on recordation of an instrument. 18
610	610
611	611	SUBTITLE 10. MARYLAND REAL PROPERTY TRANSFER–ON–DEATH (TOD) ACT. 19
612	612
613	613	14–1001. 20
614	614
615	615	(A) IN THIS SUBTITLE THE FOLLOWING TERMS HAVE THE MEANINGS 21
616	616	INDICATED. 22
617	617
618	618	(B) “BENEFICIARY” MEANS AN INDIVIDUAL WHO RECEIVES REAL 23
619	619	PROPERTY UNDER A TRA NSFER–ON–DEATH DEED. 24
620	620
621	621	(C) “DESIGNATED BENEFICIAR Y” MEANS AN INDIVIDUAL DESIGNATED TO 25
622	622	RECEIVE REAL PROPERT Y IN A TRANSFER–ON–DEATH DEED. 26
623	623
624	624	(D) (1) “FIDUCIARY” HAS THE MEANING STAT ED UNDER § 15–101 OF THE 27
625	625	ESTATES AND TRUSTS ARTICLE. 28
626	626
627	627	(2) “FIDUCIARY” INCLUDES AN ATTORNEY IN FACT. 29
628	628	14 HOUSE BILL 625
629	629
630	630
631	631	(E) “PROPERTY” MEANS AN INTEREST IN REAL PROPERTY LOCATE D IN THE 1
632	632	STATE THAT IS TRANSFE RABLE ON THE DEATH O F THE OWNER. 2
633	633
634	634	(F) “TRANSFER–ON–DEATH DEED ” MEANS A DEED AUTHORI ZED UNDER 3
635	635	THIS SUBTITLE. 4
636	636
637	637	(G) “TRANSFEROR ” MEANS AN INDIVIDUAL WHO MAKES A 5
638	638	TRANSFER–ON–DEATH DEED. 6
639	639
640	640	14–1002. 7
641	641
642	642	THIS SUBTITLE DOES NO T: 8
643	643
644	644	(1) AFFECT ANY METHOD OF TRANSFERRING PROPERT Y OTHERWISE 9
645	645	ALLOWED UNDER THE LA WS OF THE STATE; 10
646	646
647	647	(2) LIMIT THE RIGHT OF AN Y PERSON TO MAINTAIN A CIVIL ACTION 11
648	648	FOR DAMAGES OR OTHER REMEDIES OTHERWISE A VAILABLE UNDER ANY O THER 12
649	649	PROVISION OF LAW ; OR 13
650	650
651	651	(3) APPLY TO PROPERTY THA T IS HELD AS JOINT TENANTS, TENANTS 14
652	652	IN COMMON, OR TENANTS BY THE EN TIRETY. 15
653	653
654	654	14–1003. 16
655	655
656	656	AN INDIVIDUAL SOLE OW NER OF PROPERTY M AY TRANSFER THE PROP ERTY 17
657	657	TO A BENEFICIARY EFF ECTIVE AT THE TRANSF EROR’S DEATH BY A PROPERT Y 18
658	658	TRANSFER–ON–DEATH DEED. 19
659	659
660	660	14–1004. 20
661	661
662	662	(A) A TRANSFER–ON–DEATH DEED IS NONTES TAMENTARY . 21
663	663
664	664	(B) A TRANSFER–ON–DEATH DEED IS REVOCA BLE BY A TRANSFEROR EVEN 22
665	665	IF THE DEED OR OTHER INSTRUMENT CON TAINS A CONTRARY PRO VISION. 23
666	666
667	667	(C) THE CAPACITY REQUIRED TO MAKE OR REVOKE A 24
668	668	TRANSFER–ON–DEATH DEED IS THE SA ME AS THE CAPACITY R EQUIRED TO MAKE A 25
669	669	WILL. 26
670	670
671	671	14–1005. 27
672	672
673	673	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 28 HOUSE BILL 625 15
674	674
675	675
676	676	TRANSFER–ON–DEATH DEED SHALL COM PLY WITH § 4–101 OF THIS ARTICLE. 1
677	677
678	678	(B) A TRANSFER–ON–DEATH DEED SHALL STA TE THAT THE TRANSFER TO 2
679	679	THE DESIGNATED BENEF ICIARY IS TO OCCUR A T THE TRANSFEROR ’S DEATH. 3
680	680
681	681	14–1006. 4
682	682
683	683	(A) A TRANSFER–ON–DEATH DEED IS EFFECT IVE IF, PRIOR TO THE DEATH 5
684	684	OF THE TRANSFEROR , IT IS RECORDED IN TH E LAND RECORDS OF TH E COUNTY 6
685	685	WHERE THE PROPERTY I S LOCATED IN ACCORDA NCE WITH § 3–104 OF THIS 7
686	686	ARTICLE. 8
687	687
688	688	(B) A TRANSFER–ON–DEATH DEED IS EFFECT IVE WITHOUT: 9
689	689
690	690	(1) NOTICE OR DELIVERY TO OR ACCEPTANCE BY A D ESIGNATED 10
691	691	BENEFICIARY DURING T HE TRANSFEROR ’S LIFE; OR 11
692	692
693	693	(2) CONSIDERATION . 12
694	694
695	695	14–1007. 13
696	696
697	697	DURING A TRANSFEROR ’S LIFE, A TRANSFER–ON–DEATH DEED DOES NOT : 14
698	698
699	699	(1) AFFECT AN INTEREST OR A RIGHT OF THE TRANS FEROR OR ANY 15
700	700	OTHER OWNER , INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE 16
701	701	PROPERTY; 17
702	702
703	703	(2) AFFECT AN INTEREST OR A RIGHT OF A TRANSFE REE, EVEN IF THE 18
704	704	TRANSFEREE HAS ACTUA L OR CONSTRUCTIVE NO TICE OF THE 19
705	705	TRANSFER–ON–DEATH DEED; 20
706	706
707	707	(3) AFFECT AN INTEREST OR A RIGHT OF A SECURED OR UNSECURED 21
708	708	CREDITOR OR FUTURE CREDITOR OF THE TRAN SFEROR, EVEN IF THE CREDITOR HAS 22
709	709	ACTUAL OR CONSTRUCTI VE NOTICE OF THE TRA NSFER–ON–DEATH DEED; 23
710	710
711	711	(4) AFFECT THE TRANSFEROR ’S OR DESIGNATED BENE FICIARY’S 24
712	712	ELIGIBILITY FOR ANY FORM OF PUBLIC ASSIS TANCE; 25
713	713
714	714	(5) CREATE A LEGAL OR EQU ITABLE INTEREST IN FAVOR OF ANY 26
715	715	DESIGNATED BENEFICIA RY; OR 27
716	716
717	717	(6) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR 28
718	718	OF ANY DESIGNATED BE NEFICIARY. 29 16 HOUSE BILL 625
719	719
720	720
721	721
722	722	14–1008. 1
723	723
724	724	(A) (1) PRIOR TO THE DEATH OF A TRANSFEROR , THE TRANSFEROR OR 2
725	725	THE TRANSFEROR ’S FIDUCIARY MAY REVO KE A PREVIOUSLY RECOR DED 3
726	726	TRANSFER–ON–DEATH DEED , OR ANY PART OF THAT RECORDED 4
727	727	TRANSFER–ON–DEATH DEED , BY RECORDING IN THE LAND RECORDS OF THE 5
728	728	COUNTY IN WHICH THE PROPERTY IS LOCATED AN EXECUTED AND ACKN OWLEDGED : 6
729	729
730	730	(I) TRANSFER–ON–DEATH DEED THAT REVO KES THE DEED OR 7
731	731	PART OF THE DEED EXP RESSLY OR BY INCONSI STENCY; 8
732	732
733	733	(II) REVOCATION DOCUMENT T HAT EXPRESSLY REVOKE S THE 9
734	734	DEED OR PART OF THE DEED; OR 10
735	735
736	736	(III) INTER VIVOS DEED THAT EXPRESSLY OR BY 11
737	737	INCONSISTENCY REVOKE S A TRANSFER –ON–DEATH DEED OR PART O F THE 12
738	738	TRANSFER–ON–DEATH DEED. 13
739	739
740	740	(2) IN ORDER TO BE EFFECT IVE, A DOCUMENT DESCRIBED UNDER 14
741	741	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE EXECUTED SUB SEQUENT TO THE 15
742	742	TRANSFER–ON–DEATH DEED THAT THE DOCUMENT REVOKES . 16
743	743
744	744	(B) AFTER A TRANSFER –ON–DEATH DEED IS RECORD ED, IT MAY NOT BE 17
745	745	REVOKED BY: 18
746	746
747	747	(1) A REVOCATORY ACT ON TH E DEED; OR 19
748	748
749	749	(2) A TESTAMENTARY DOCUMEN T EXECUTED BY THE TR ANSFEROR, 20
750	750	EVEN IF THE TESTAMEN TARY DOCUMENT IS EXE CUTED AFTER THE DATE OF 21
751	751	RECORDATION OF THE T RANSFER–ON–DEATH DEED. 22
752	752
753	753	(C) THIS SECTION DOES NOT LIMIT THE EFFECT OF AN INTER VIVOS 23
754	754	TRANSFER OF THE PROP ERTY. 24
755	755
756	756	14–1009. 25
757	757
758	758	(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THE TRANS FER–ON–DEATH 26
759	759	DEED OR IN THIS SECT ION, THIS SECTION APPLIES ON THE DEATH OF A TR ANSFEROR 27
760	760	TO PROPERTY THAT IS THE SUBJECT OF A TRANSFE R–ON–DEATH DEED OWNED BY 28
761	761	THE TRANSFEROR AT DE ATH, SUBJECT TO THE LIMIT ATIONS UNDER : 29
762	762
763	763	(I) TITLE 3, SUBTITLE 1 OF THE ESTATES AND TRUSTS 30 HOUSE BILL 625 17
764	764
765	765
766	766	ARTICLE (INTESTATE SUCCESSION); 1
767	767
768	768	(II) TITLE 3, SUBTITLE 3 OF THE ESTATES AND TRUSTS 2
769	769	ARTICLE (STATUTORY SHARE OF PRETERMITTED CHILD AND ISSUE); 3
770	770
771	771	(III) TITLE 3, SUBTITLE 4 OF THE ESTATES AND TRUSTS 4
772	772	ARTICLE (ELECTIVE SHARE OF SURVIVING SPOUSE); 5
773	773
774	774	(IV) § 4–105(B)(3) AND (4) OF THE ESTATES AND TRUSTS 6
775	775	ARTICLE (REVOCATION BY DIVORCE ); 7
776	776
777	777	(V) § 4–403 OF THE ESTATES AND TRUSTS ARTICLE (LAPSE); 8
778	778
779	779	(VI) § 11–112 OF THE ESTATES AND TRUSTS ARTICLE 9
780	780	(DISQUALIFICATION FROM INHERITING PROPERTY OR AN INTEREST IN PR OPERTY 10
781	781	FOR FELONIOUSLY AND INTENTIONALLY KILLIN G, CONSPIRING TO KILL , OR 11
782	782	PROCURING THE KILLIN G OF A DECEDENT ); AND 12
783	783
784	784	(VII) TITLE 10, SUBTITLE 8 OF THE COURTS ARTICLE 13
785	785	(SIMULTANEOUS DEATH). 14
786	786
787	787	(2) (I) THE INTEREST IN THE P ROPERTY IS TRANSFERR ED TO A 15
788	788	DESIGNATED BENEFICIA RY IN ACCORDANCE WIT H THE TRANSFER –ON–DEATH DEED 16
789	789	ON THE DEATH OF THE TRANSFEROR IF THE BENEFICIARY S URVIVES THE 17
790	790	TRANSFEROR . 18
791	791
792	792	(II) IF THE DESIGNATED BEN EFICIARY DOES NOT SU RVIVE THE 19
793	793	TRANSFEROR AND THE T RANSFEROR HAS PROVID ED FOR AN ALTERNATE 20
794	794	DESIGNATED BENEFICIA RY IN THE TRANSFER –ON–DEATH DEED , THE INTEREST IN 21
795	795	THE PROPERTY IS TRAN SFERRED TO A SURVIVIN G ALTERNATE DESIGNAT ED 22
796	796	BENEFICIARY IN ACCOR DANCE WITH THE TRANS FER–ON–DEATH DEED ON THE 23
797	797	DEATH OF THE TRANSFE ROR. 24
798	798
799	799	(III) THE INTEREST OF ANY D ESIGNATED BENEFICIAR Y WHO 25
800	800	FAILS TO SURVIVE THE TRANSFEROR LAPSES . 26
801	801
802	802	(IV) A TRANSFER–ON–DEATH DEED MAY PROVI DE FOR 27
803	803	SUCCESSIVE ALTERNATE DESIGNATED BENEFICIA RIES. 28
804	804
805	805	(B) (1) SUBJECT TO TITLE 3, SUBTITLE 2 OF THIS ARTICLE , A 29
806	806	BENEFICIARY TAKES TH E PROPERTY TRANSFERR ED BY THE 30
807	807	TRANSFER–ON–DEATH DEED SUBJECT T O ALL SECURITY AGREEMENTS , AS DEFINED 31
808	808	IN § 9–102 OF THE COMMERCIAL LAW ARTICLE, THAT THE PROPERTY IS SUBJ ECT 32 18 HOUSE BILL 625
809	809
810	810
811	811	TO AT THE TRANSFEROR ’S DEATH. 1
812	812
813	813	(2) FOR PURPOSES OF THIS SUBSECTION, THE DELIVERY OF THE 2
814	814	TRANSFER–ON–DEATH DEED IS DEEMED TO HAVE OCCURRED AT THE 3
815	815	TRANSFEROR ’S DEATH. 4
816	816
817	817	(C) A TRANSFER–ON–DEATH DEED TRANSFERS PROPERTY WITHOUT 5
818	818	COVENANT OR WARRANTY OF TITLE EVEN IF THE TRANSFER–ON–DEATH DEED 6
819	819	CONTAINS A CONTRARY PROVISION. 7
820	820
821	821	14–1010. 8
822	822
823	823	ANY BENEFICIARY MAY D ISCLAIM ALL OR PART OF THE BENEFICIARY ’S 9
824	824	INTEREST AS PROVIDED UNDER THE MARYLAND UNIFORM DISCLAIMER OF 10
825	825	PROPERTY INTERESTS ACT, TITLE 9, SUBTITLE 2 OF THE ESTATES AND TRUSTS 11
826	826	ARTICLE. 12
827	827
828	828	14–1011. 13
829	829
830	830	THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP AND MAKE 14
831	831	AVAILABLE TO THE PUB LIC AN INFORMATIONAL DOCUMENT REASONABLY 15
832	832	CALCULATED TO BE UNDERSTOOD BY A L AYPERSON THAT EXPLAI NS 16
833	833	TRANSFER–ON–DEATH DEEDS . 17
834	834
835	835	14–1012. 18
836	836
837	837	(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM DEED PROVIDED 19
838	838	IN THIS SECTION OR A NY OTHER INSTRUMENT USED TO CREATE A 20
839	839	TRANSFER–ON–DEATH DEED. 21
840	840
841	841	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE A 22
842	842	TRANSFER–ON–DEATH DEED: 23
843	843
844	844	REVOCABLE TRANSFER –ON–DEATH (TOD) DEED 24
845	845
846	846	NOTICE TO OWNER 25
847	847
848	848	YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM. 26
849	849
850	850	THIS FORM MUST BE REC ORDED IN EACH COUNTY (OR BALTIMORE CITY) IN 27
851	851	WHICH THE PROPERTY I S LOCATED BEFORE YOUR DEATH, OR IT WILL NOT BE 28
852	852	EFFECTIVE. 29
853	853	HOUSE BILL 625 19
854	854
855	855
856	856	A TRANSFER–ON–DEATH DEED MAY ONLY BE EXECUTED BY THE SOLE 1
857	857	OWNER OF REAL PROPERTY. 2
858	858
859	859	IDENTIFYING INFORMATION 3
860	860
861	861	OWNER MAKING THIS DEED: 4
862	862
863	863	__________________________ ________________________________ 5
864	864	PRINTED NAME MAILING ADDRESS 6
865	865
866	866	LEGAL DESCRIPTION OF THE PROPERTY : 7
867	867
868	868	____________________________________________________________ 8
869	869
870	870	PRIMARY BENEFICIARY 9
871	871
872	872	I DESIGNATE THE FOLLOW ING BENEFICIARY IF T HE BENEFICIARY SURVI VES 10
873	873	ME. 11
874	874
875	875	_________________________ _________________________________ 12
876	876	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 13
877	877
878	878	ALTERNATE BENEFICIARY – OPTIONAL 14
879	879
880	880	IF MY PRIMARY BENEFIC IARY DOES NOT SURVIV E ME, I DESIGNATE THE 15
881	881	FOLLOWING ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME. 16
882	882
883	883	_________________________ _________________________________ 17
884	884	PRINTED NAME MAILING ADDRESS , IF AVAILABLE 18
885	885
886	886	TRANSFER ON DEATH 19
887	887
888	888	AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PRO PERTY TO 20
889	889	THE BENEFICIARIES AS DESIGNATED ABOVE . 21
890	890
891	891	BEFORE MY DEATH , I HAVE THE RIGHT TO REVOKE THIS DEED. 22
892	892
893	893	SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 23
894	894
895	895	_________________________ (SEAL) _________________ 24
896	896	SIGNATURE DATE 25
897	897
898	898	_______________________________ 26 20 HOUSE BILL 625
899	899
900	900
901	901	PRINTED NAME 1
902	902
903	903	ACKNOWLEDGMENT 2
904	904
905	905	STATE OF _______________ COUNTY OF ________________ 3
906	906
907	907	THIS RECORD WAS ACKNO WLEDGED BEFORE ME ON THE ___ DAY OF ___, 20__, BY 4
908	908
909	909	___________________________________ 5
910	910
911	911	SIGNATURE OF NOTARIAL OFFICER 6
912	912
913	913	TITLE OF OFFICE 7
914	914
915	915	STAMP 8
916	916
917	917	MY COMMISSION EXPIRES : ________ 9
918	918
919	919	PREPARER 10
920	920
921	921	I HEREBY CERTIFY THAT THIS REVOCABLE TRANS FER–ON–DEATH DEED WAS 11
922	922	PREPARED BY ____________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 12
923	923	BENEFICIARY), A PARTY TO THIS INST RUMENT. 13
924	924
925	925	SIGNATURE: ____________________________ 14
926	926
927	927	PRINTED NAME: ________________________ 15
928	928
929	929	(C) THE FOLLOWING INFORMA TIONAL SHEET MAY BE USED TO EXPLAIN 16
930	930	THE FORM TRANSFER –ON–DEATH DEED: 17
931	931
932	932	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 18
933	933
934	934	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH 19
935	935	A TRANSFER –ON–DEATH DEED AT THE OFFICE OF LAND RECORDS. 20
936	936
937	937	WHAT DOES THE TRANSFE R–ON–DEATH (TOD) DEED DO? WHEN YOU DIE, 21
938	938	THIS DEED TRANSFERS THE DESCRIBED PROPER TY, SUBJECT TO CERTAIN 22
939	939	SECURITY AGREEMENTS ON THE PROPERTY AT Y OUR DEATH . PROBATE IS NOT 23
940	940	REQUIRED. THE TOD DEED HAS NO EFFECT U NTIL YOU DIE. YOU CAN REVOKE IT AT 24
941	941	ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE PROPERT Y TO SOMEONE ELSE 25
942	942	DURING YOUR LIFETIME . IF YOU DO NOT OWN ANY INTEREST IN THE PROP ERTY 26
943	943	WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT. 27 HOUSE BILL 625 21
944	944
945	945
946	946
947	947	HOW DO I MAKE A TOD DEED? COMPLETE THIS FORM . HAVE IT 1
948	948	ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR O THER INDIVIDUAL AUTH ORIZED 2
949	949	UNDER LAW TO TAKE AC KNOWLEDGMENTS . RECORD THE FORM IN EA CH COUNTY 3
950	950	WHERE ANY PART OF TH E PROPERTY IS LOCATE D. THE FORM HAS NO EFFEC T 4
951	951	UNLESS IT IS ACKNOWL EDGED AND RECORDED B EFORE YOUR DEATH . 5
952	952
953	953	IS THE “LEGAL DESCRIPTION ” OF THE PROPERTY NECE SSARY? YES. 6
954	954
955	955	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 7
956	956	INFORMATION MAY BE O N THE DEED YOU RECEIVED WH EN YOU BECAME AN OWN ER 8
957	957	OF THE PROPERTY . THIS INFORMATION MAY ALSO BE AVAILABLE IN THE OFFICE OF 9
958	958	THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY WHERE THE PROP ERTY IS 10
959	959	LOCATED. IF YOU ARE NOT ABSOLU TELY SURE, CONSULT A LAWYER . 11
960	960
961	961	CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED? YES. IF YOU 12
962	962	HAVE NOT YET RECORDE D THE DEED AND WANT TO CHANGE YOUR MIND , SIMPLY 13
963	963	TEAR UP OR OTHERWISE DESTROY THE DEED . 14
964	964
965	965	HOW DO I “RECORD” THE TOD DEED? TAKE THE COMPLETED AN D 15
966	966	ACKNOWLEDGED FORM TO THE CLERK OF THE CI RCUIT COURT FOR THE COUNTY 16
967	967	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 17
968	968	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 18
969	969	IF THE PROPERTY IS IN MORE THAN ONE COUNTY , YOU SHOULD RECORD TH E DEED 19
970	970	IN EACH COUNTY . 20
971	971
972	972	CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND ? YES. YOU CAN 21
973	973	REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFI CIARIES, CAN PREVENT 22
974	974	YOU FROM REVOKING TH E DEED. 23
975	975
976	976	HOW DO I REVOKE THE TOD DEED AFTER IT IS REC ORDED? THERE ARE 24
977	977	THREE WAYS TO REVOKE A RECORDE D TOD DEED: (1) COMPLETE AND 25
978	978	ACKNOWLEDGE A REVOCA TION FORM, AND RECORD IT IN EAC H COUNTY WHERE THE 26
979	979	PROPERTY IS LOCATED . (2) COMPLETE AND ACKNOWLE DGE A NEW TOD DEED THAT 27
980	980	DISPOSES OF THE SAME PROPERTY, AND RECORD IT IN EAC H COUNTY WHERE THE 28
981	981	PROPERTY IS LOCAT ED. (3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURI NG 29
982	982	YOUR LIFETIME BY A R ECORDED DEED THAT EX PRESSLY REVOKES THE TOD DEED. 30
983	983	YOU MAY NOT REVOKE TH E TOD DEED BY WILL. 31
984	984
985	985	I AM BEING PRESSURED T O COMPLETE THIS FORM . WHAT SHOULD I DO? DO 32
986	986	NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 33
987	987	FAMILY MEMBER , FRIEND, OR LAWYER. 34
988	988	22 HOUSE BILL 625
989	989
990	990
991	991	DO I NEED TO TELL THE BEN EFICIARIES ABOUT THE TOD DEED? NO, BUT IT 1
992	992	IS RECOMMENDED . SECRECY CAN CAUSE LAT ER COMPLICATIONS AND MIGHT MAKE 2
993	993	IT EASIER FOR OTHERS TO COMMIT FRAUD . 3
994	994
995	995	I HAVE OTHER QUESTIONS AB OUT THIS FORM . WHAT SHOULD I DO? THIS 4
996	996	FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 5
997	997	QUESTIONS, YOU ARE ENCOURAGED T O CONSULT A LAWYER . 6
998	998
999	999	14–1013. 7
1000	1000
1001	1001	(A) THIS SUBTITLE GOVERNS THE EFFECT OF THE FO RM PROVIDED UNDER 8
1002	1002	THIS SECTION , OR ANY OTHER INSTRUM ENT USED TO REVOKE A 9
1003	1003	TRANSFER–ON–DEATH DEED. 10
1004	1004
1005	1005	(B) THE FOLLOWING FORM MA Y BE USED TO CREATE AN INSTRUMENT OF 11
1006	1006	REVOCATION UNDER THI S SUBTITLE: 12
1007	1007
1008	1008	REVOCATION OF TRANSFER –ON–DEATH (TOD) DEED 13
1009	1009
1010	1010	NOTICE TO OWNER 14
1011	1011
1012	1012	THIS REVOCATION MUST BE RECORDED IN EACH COUNTY (OR BALTIMORE 15
1013	1013	CITY) IN WHICH THE PROPERT Y IS LOCATED BEFORE YOU DIE OR IT WILL N OT BE 16
1014	1014	EFFECTIVE. THIS REVOCATION IS EF FECTIVE ONLY AS TO T HE INTERESTS IN THE 17
1015	1015	PROPERTY OF THE OWNE R WHO SIGNS THIS REV OCATION. 18
1016	1016
1017	1017	IDENTIFYING INFORMATION 19
1018	1018
1019	1019	OWNER OF PROPERTY MAKING THIS REVOCATION: 20
1020	1020
1021	1021	_____________________________ _____________________________ 21
1022	1022	PRINTED NAME MAILING ADDRESS 22
1023	1023
1024	1024	LEGAL DESCRIPTION OF THE PROPERTY : 23
1025	1025
1026	1026	____________________________________________________________ 24
1027	1027
1028	1028	REVOCATION 25
1029	1029
1030	1030	I REVOKE ALL MY PREVIO US TRANSFERS OF THIS PROPERTY BY 26
1031	1031	TRANSFER–ON–DEATH DEED. 27
1032	1032
1033	1033	SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 28 HOUSE BILL 625 23
1034	1034
1035	1035
1036	1036
1037	1037	_______________________________ (SEAL) _______________ 1
1038	1038	SIGNATURE DATE 2
1039	1039
1040	1040	_______________________________ 3
1041	1041	PRINTED NAME 4
1042	1042
1043	1043	ACKNOWLEDGMENT 5
1044	1044
1045	1045	STATE OF ____________ COUNTY OF ______________ 6
1046	1046
1047	1047	THIS RECORD WAS ACKNO WLEDGED BEFORE ME ON THE DAY OF ___, 20__, BY 7
1048	1048
1049	1049	___________________________________ 8
1050	1050
1051	1051	SIGNATURE OF NOTARIAL OFFICER 9
1052	1052
1053	1053	TITLE OF OFFICE 10
1054	1054
1055	1055	STAMP 11
1056	1056
1057	1057	MY COMMISSION EXPIRES : ________ 12
1058	1058
1059	1059	PREPARER 13
1060	1060
1061	1061	I HEREBY CERTIFY THAT THIS REVOCATION OF T RANSFER–ON–DEATH DEED WAS 14
1062	1062	PREPARED BY _________________, (OWNER/PRIMARY BENEFICIARY/ALTERNATE 15
1063	1063	BENEFICIARY), A PARTY TO THIS INST RUMENT. 16
1064	1064
1065	1065	SIGNATURE: ____________________________ 17
1066	1066	PRINTED NAME: ________________________ 18
1067	1067
1068	1068	(C) THE FOLLOWING MAY BE USED AS AN INFORMATI ONAL SHEET TO 19
1069	1069	EXPLAIN THE REVOCATI ON FORM FOR TRANSFER –ON–DEATH DEED: 20
1070	1070
1071	1071	COMMON QUESTIONS ABOUT REVOKING A TRANSFER –ON–DEATH 21
1072	1072	DEED 22
1073	1073
1074	1074	THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A 23
1075	1075	REVOCATION OF A TRANSFER –ON–DEATH DEED AT THE OFFICE OF 24
1076	1076	LAND RECORDS. 25
1077	1077
1078	1078	HOW DO I USE THIS FORM TO REV OKE A TRANSFER –ON–DEATH (TOD) DEED? 26 24 HOUSE BILL 625
1079	1079
1080	1080
1081	1081	COMPLETE THIS FORM . HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBL IC OR 1
1082	1082	OTHER INDIVIDUAL AUT HORIZED UNDER LAW TO TAKE AC KNOWLEDGMENTS . 2
1083	1083	RECORD THE FORM IN TH E LAND RECORDS OF EA CH COUNTY WHERE THE 3
1084	1084	PROPERTY IS LOCATED . THE FORM MUST BE ACKN OWLEDGED AND RECORDE D 4
1085	1085	BEFORE YOUR DEATH OR IT HAS NO EFFECT. 5
1086	1086
1087	1087	HOW DO I FIND THE “LEGAL DESCRIPTION ” OF THE PROPERTY ? THIS 6
1088	1088	INFORMATION MAY BE O N THE TOD DEED. IT MAY ALSO BE AVAILA BLE IN THE LAND 7
1089	1089	RECORDS FOR THE COUN TY WHERE THE PROPERT Y IS LOCATED. IF YOU ARE NOT 8
1090	1090	ABSOLUTELY SURE , CONSULT A LAWYER . 9
1091	1091
1092	1092	HOW DO I “RECORD” THE FORM ? TAKE THE COMPLETED AN D 10
1093	1093	ACKNOWLEDGED FORM TO THE CLERK OF THE CIR CUIT COURT FOR THE C OUNTY 11
1094	1094	WHERE THE PROPERTY I S LOCATED. FOLLOW THE INSTRUCTIO NS GIVEN BY THE 12
1095	1095	CLERK’S OFFICE TO MAKE THE FORM PART OF THE OFF ICIAL PROPERTY RECOR DS. 13
1096	1096	IF THE PROPERTY IS LO CATED IN MORE THAN O NE COUNTY, YOU SHOULD RECORD 14
1097	1097	THE FORM IN EACH OF T HOSE COUNTIES . 15
1098	1098
1099	1099	I AM BEING PRESSURED T O COMPLETE THIS FORM . WHAT SHOULD I DO? DO 16
1100	1100	NOT COMPLETE THIS FO RM UNDER PRESSURE . SEEK HELP FROM A TRUS TED 17
1101	1101	FAMILY MEMBER , FRIEND, OR LAWYER. 18
1102	1102
1103	1103	I HAVE OTHER QUESTIONS ABOUT THIS FORM . WHAT SHOULD I DO? THIS 19
1104	1104	FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE OTHER 20
1105	1105	QUESTIONS, CONSULT A LAWYER . 21
1106	1106
1107	1107	14–1014. 22
1108	1108
1109	1109	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE F EDERAL 23
1110	1110	ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. 24
1111	1111	SECTION 7001, ET SEQ., BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE SECTION 25
1112	1112	101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRO NIC 26
1113	1113	DELIVERY OF ANY OF T HE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT, 15 27
1114	1114	U.S.C. SECTION 7003(B). 28
1115	1115
1116	1116	Article – Tax – Property 29
1117	1117
1118	1118	12–108. 30
1119	1119
1120	1120	(II) A REAL PROPERTY TRANSF ER–ON–DEATH DEED UNDER TITLE 14 OF 31
1121	1121	THE REAL PROPERTY ARTICLE IS NOT SUBJEC T TO RECORDATION TAX IF THE 32
1122	1122	PROPERTY IS A PRIMAR Y RESIDENCE OR A SEC ONDARY RESIDENCE OF THE 33
1123	1123	TRANSFEROR . 34
1124	1124	HOUSE BILL 625 25
1125	1125
1126	1126
1127	1127	13–207. 1
1128	1128
1129	1129	(a) An instrument of writing is not subject to transfer tax to the same extent that 2
1130	1130	it is not subject to recordation tax under: 3
1131	1131
1132	1132	(25) § 12–108(gg) of this article (Transfer of principal residence surrendered 4
1133	1133	in bankruptcy); [or] 5
1134	1134
1135	1135	(26) § 12–108(hh) of this article (Transfer of real property within the Pimlico 6
1136	1136	racing facility site, Pimlico site, Bowie Race Course Training Center property, or training 7
1137	1137	facility site); OR 8
1138	1138
1139	1139	(27) § 12–108(II) OF THIS ARTICLE (REAL PROPERTY 9
1140	1140	TRANSFER–ON–DEATH DEED). 10
1141	1141
1142	1142	13–414. 11
1143	1143
1144	1144	AN INSTRUMENT OF WR ITING THAT IS EXEMPT FROM RECORDATION TAX 12
1145	1145	UNDER § 12–108(II) OF THIS ARTICLE (REAL PROPERTY TRANSFE R–ON–DEATH 13
1146	1146	DEED) IS NOT SUBJECT TO CO UNTY TRANSFER TAX . 14
1147	1147
1148	1148	SECTION 2. AND BE IT FURTHER ENACTED, That this Act, to the extent 15
1149	1149	practicable, shall be interpreted and enforced by a court in accordance with existing law 16
1150	1150	governing life estates with powers of alienation. 17
1151	1151
1152	1152	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a 18
1153	1153	transfer–on–death deed that was made before, on, or after the effective date of this Act by 19
1154	1154	a transferor who dies on or after the effective date of this Act. 20
1155	1155
1156	1156	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
1157	1157	October 1, 2025. 22
1158	1158