Maryland now lets homeowners pass a house to heirs without probate

Maryland homeowners can now name who gets their house at death and have it pass outside probate, using a transfer-on-death deed that became legal on October 1, 2026. House Bill 738, signed by the governor on May 26 as Chapter 751, creates the deed for the first time in the state.

The deed lets an owner stay in full control of the property for life and hand it to a chosen heir the moment the owner dies. It is built for the common situation of an older homeowner who wants a child to inherit without the cost and delay of an estate case.

What the new deed does

The enacted text of Chapter 751 establishes a transfer-on-death deed that takes effect at the owner’s death. The owner names one or more beneficiaries and can add alternates in case a first choice dies early. Nothing passes to the beneficiary while the owner is alive…

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