Transfer-on-Death Deeds in Maryland

A New Way to Help Your Family Avoid Probate on Your Home

As of October 1, 2026, Maryland homeowners have a new estate planning option: the Transfer-on-Death (TOD) deed.

A TOD deed allows you to designate who will inherit your home or other qualifying real estate when you pass away, without requiring that property to go through probate. You retain ownership and control during your lifetime, and the transfer occurs only after your death.

At Holt Legacy Law, we help Maryland homeowners understand whether a Transfer-on-Death deed, revocable living trust, or another estate planning strategy is the best fit for their family.

What Is a Transfer-on-Death Deed?

A Transfer-on-Death deed is a legal document that allows a property owner to name one or more beneficiaries who will receive the owner's interest in real estate upon death.

Unlike a traditional deed transferring property during your lifetime, a TOD deed does not immediately give your beneficiaries ownership rights.

You remain in control of your property. You can continue living in it, sell it, refinance it, or otherwise manage it without needing permission from the beneficiaries named in your TOD deed.

You can also revoke or change the designation during your lifetime, provided the applicable legal requirements are met.

To be effective, the TOD deed must be properly prepared, acknowledged, and recorded in the county land records before the property owner's death.

Benefits of a Transfer-on-Death Deed

For some Maryland homeowners, a TOD deed offers a relatively straightforward way to simplify the transfer of real estate.

A properly prepared TOD deed may allow you to:

• Avoid probate for the designated property. Your beneficiary can inherit your interest in the real estate without transferring it through your probate estate.

• Retain control during your lifetime. Naming a beneficiary does not give that person the right to manage or control your property while you are alive.

• Change your mind. You can revoke the TOD deed or change beneficiaries by following Maryland's legal requirements.

• Simplify the inheritance process. A TOD deed may reduce the time, paperwork, and expense associated with transferring a home after death.

• Keep your options open. You may sell or otherwise transfer your property during your lifetime.

However, a TOD deed is not a substitute for a complete estate plan. Whether it makes sense depends on how your property is titled, who you want to inherit it, and your family's circumstances.

Does a Will Avoid Probate on Your Home?

One of the most common estate planning misconceptions is that having a will means your family won't need to go through probate. A Last Will and Testament allows you to identify who should inherit your assets and who should manage your estate. But a will does not, by itself, keep property out of probate.

For example, if you own your home individually and leave it to your children through your will, your estate may need to go through probate to transfer that property.

A properly recorded Transfer-on-Death deed can provide a different result, allowing your interest in the property to pass directly to your designated beneficiaries when you die.

It's important to remember that a TOD deed addresses the property covered by that deed. Other assets may still require probate.

Transfer-on-Death Deed vs. Revocable Living Trust

Both Transfer-on-Death deeds and revocable living trusts can help families avoid probate, but they serve different purposes.

A Transfer-on-Death Deed

A TOD deed is generally designed to transfer a particular interest in real estate upon the owner's death. It may be suitable for someone with straightforward wishes who wants to leave a home directly to specific beneficiaries.

However, it does not provide a plan for managing your property if you become incapacitated, and it offers limited flexibility for more complicated inheritance arrangements.

A Revocable Living Trust

A revocable living trust can provide a more comprehensive approach to estate planning. Assets properly transferred into the trust can generally pass according to its terms without probate.

A trust can also provide for management of assets during incapacity, establish conditions for beneficiaries, address multiple properties and accounts, and help coordinate more complicated family circumstances.

Which is better? Neither option is automatically right for everyone. The best approach depends on your goals, your assets, and the level of planning your family needs.

When a Transfer-on-Death Deed May Not Be the Best Choice

Although Maryland's new law creates a valuable option for homeowners, there are situations where a TOD deed may not provide the protection or flexibility you need.

A TOD deed deserves additional consideration if:

• You own property jointly. Existing survivorship rights, the form of ownership, and the interests of other owners can affect how a TOD deed operates.

• You have minor children or beneficiaries who need assistance managing money. A trust may provide a more appropriate way to manage an inheritance.

• You have a blended family or complicated inheritance wishes. A TOD deed may not adequately address competing interests, contingencies, or long-term distribution goals.

• You want someone to manage your property if you become incapacitated. A TOD deed does not give your designated beneficiary authority to act during your lifetime.

• Your property has a mortgage, liens, or potential creditor issues. A TOD deed does not eliminate existing obligations or necessarily shield the property from claims after death.

• You own multiple assets that need coordinated planning. A revocable living trust or another estate planning strategy may offer a more complete solution.

We review these considerations before recommending a deed so that the documents you sign support your broader estate planning goals.

How Holt Legacy Law Can Help

A Transfer-on-Death deed may appear simple, but mistakes involving property ownership, beneficiary designations, legal descriptions, or recording can create significant complications for the people you intend to protect.

At Holt Legacy Law, we take the time to review your circumstances and explain your options in plain English.

We can help you:

• Review the current deed and ownership of your Maryland property.

• Determine whether a Transfer-on-Death deed is appropriate for your situation.

• Evaluate how the deed would work with your existing will or trust.

• Identify appropriate beneficiaries and discuss what happens if your circumstances change.

• Prepare and arrange for proper execution and recording of the deed.

• Consider whether additional estate planning documents would help protect you and your family.

Our goal is not simply to prepare a document. It's to help you create a plan that works the way you intend.

Frequently Asked Questions About Maryland TOD Deeds

Can I still sell my home after signing a TOD deed?

Yes. A TOD deed does not prevent you from selling or otherwise transferring your property during your lifetime. Your designated beneficiaries do not acquire ownership rights simply because they are named in the deed.

Can I change the beneficiary on my TOD deed?

Yes. Maryland law allows you to revoke a TOD deed or change your designation through legally recognized procedures. A change to your will alone does not necessarily change the beneficiary named in a recorded TOD deed.

Does a TOD deed replace my will?

No. A TOD deed addresses the real estate interest covered by the deed. Your will and other estate planning documents may still be necessary to address your remaining assets, appoint a personal representative, name guardians, and carry out your broader wishes.

Does a TOD deed protect my home from creditors?

No. A TOD deed does not eliminate mortgages, liens, or other applicable creditor claims. Your family's circumstances and the nature of the claims should be reviewed before relying on a TOD deed as part of your estate plan.

Is a TOD deed better than putting my home in a trust?

Not necessarily. A TOD deed may work well for a straightforward transfer of real estate. A trust may be more appropriate when you want incapacity planning, greater control over how beneficiaries inherit, or coordinated management of multiple assets.

Do I need an attorney to prepare a TOD deed in Maryland?

Maryland law provides a statutory form, but choosing the appropriate beneficiaries, understanding existing ownership rights, and ensuring proper execution and recording require care. An estate planning attorney can help you evaluate whether a TOD deed is appropriate and coordinate it with the rest of your plan.

Start Planning Today

If you own a home in Maryland and want to make the inheritance process easier for your loved ones, a Transfer-on-Death deed may be worth exploring.

At Holt Legacy Law, we help individuals and families in Columbia, Ellicott City, Clarksville, Fulton, and throughout Howard County and surrounding Maryland communities make informed estate planning decisions.

Schedule a complimentary consultation to learn whether a Maryland Transfer-on-Death deed, revocable living trust, or another estate planning approach makes sense for you.

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Prefer to speak with someone directly? Call (410) 864-6395. We're happy to help.