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MD HB738
Bill
Status
2/3/2026
Primary Sponsor
Scott Phillips
Click for details
AI Summary
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Establishes transfer-on-death (TOD) deeds in Maryland, allowing property owners to designate beneficiaries who will automatically receive real property upon the owner's death without going through probate
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TOD deeds must be recorded in land records before the transferor's death to be effective, are revocable at any time, and do not affect the owner's rights to sell, mortgage, or otherwise transfer the property during their lifetime
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Exempts TOD deeds for primary or secondary residences from state recordation tax, transfer tax, and county transfer tax
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Provides standardized forms for creating and revoking TOD deeds, including required notices to owners and informational sheets explaining the process
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Applies retroactively to TOD deeds made before the effective date if the transferor dies on or after October 1, 2026, and requires interpretation consistent with the Uniform Real Property Transfer on Death Act
Legislative Description
Real Property - Transfer-on-Death Deed - Establishment
Counties
Last Action
Hearing 2/25 at 1:00 p.m.
2/5/2026