Maryland homeowners can now name who gets their house at death with a recorded deed, no probate court needed for that property, under a law that took effect Oct. 1, 2026. The deed carries no state recordation tax, no state transfer tax and no county transfer tax when the property is the owner’s primary or secondary residence. The General Assembly passed the change as House Bill 738, and it became Chapter 751 of the 2026 laws.
What the Maryland transfer-on-death deed does
The new deed lets an owner name a beneficiary who receives the property when the owner dies. The statute calls it nontestamentary, meaning it works outside a will, and it can be changed by the owner at any time. According to the enacted text of Chapter 751, the deed is revocable “even if the deed or another instrument contains a contrary provision.”
Nothing changes while the owner is alive. The beneficiary does not have to be told, does not have to accept, and gains no ownership rights during the owner’s life. The deed also does not affect the rights of the owner’s creditors, and it does not change the owner’s or the beneficiary’s eligibility for public assistance.
The form, the notary and the recording that make the deed work
A deed that is signed but never recorded does nothing. The statute makes the deed effective only if, before the owner’s death, it is recorded in the land records of the county, or Baltimore City, where the property sits. The form’s own notice says the deed “must be notarized and recorded in each county (or Baltimore City) in which the property is located,” so an owner with land in two counties needs a recording in each…