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SB 651MARYLANDSession 2026State BillSigned into law
Enacted

Maryland Establishes Transfer-on-Death Deeds to Bypass Probate for Real Property

Original title: Real Property – Transfer–on–Death Deed – Establishment

Last action · May 26, 2026: Approved by the Governor - Chapter 750Sponsors: Shaneka Henson and 10 others

Companion · HB 738same policy, House version
Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Maryland allows property owners to execute and record transfer-on-death deeds that automatically convey real property to designated beneficiaries upon the owner's death without requiring probate. The new law exempts these deeds from state recordation and county transfer taxes if the property is a primary or secondary residence. The Act takes effect on October 1, 2026, and applies retroactively to existing deeds for transferors dying on or after that date.

Why it matters

Property owners can name beneficiaries who will inherit real estate directly upon death while retaining full control and the right to revoke the deed during their lifetimes, avoiding formal probate proceedings and certain transfer taxes.

Background
  • Maryland previously relied on traditional wills, trusts, or life estate deeds with powers to pass real property outside of probate. context
  • The Uniform Law Commission promulgated the Uniform Real Property Transfer on Death Act to encourage states to adopt nonprobate deed transfers. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners

Property owners gain the legal ability to execute a revocable deed that transfers real estate directly to beneficiaries upon death while retaining lifetime ownership rights.

Directly affected

Beneficiaries

Beneficiaries automatically receive ownership of real property upon the transferor's death without probate proceedings, subject to existing liens and encumbrances.

Directly affected

Clerks of the circuit court

Clerks of the circuit court are required to record transfer-on-death deeds, instruments of revocation, and notices of death without applying certain standard intake sheet requirements.

Directly affected

County tax collectors

County tax collectors and finance directors must process property transfers and exempt qualifying primary or secondary residences from local transfer taxes.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What is a transfer-on-death deed?
It is a recorded legal instrument that allows a property owner to convey real property to a designated beneficiary automatically upon the owner's death without going through probate.
Can I change my mind after recording a transfer-on-death deed?
Yes. Prior to death, the transferor maintains the full right to revoke the deed by recording an executed revocation, a new transfer-on-death deed, or an expressly revoking it.
Does a transfer-on-death deed help avoid inheritance or property taxes?
The deed is exempt from state recordation and county transfer taxes if it is the primary or secondary residence of the transferor, but beneficiaries may still be subject to inheritance taxes.
What happens if the named beneficiary dies before the property owner?
The interest of any designated beneficiary who fails to survive the transferor lapses, unless the transfer-on-death deed provides for an alternate designated beneficiary.

What else do you want to know?

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Where This Stands

Current status: Signed into law.

Procedural history

12 actions
  1. May 26, 2026Governor of MarylandEnrolled
    Approved by the Governor - Chapter 750
  2. Apr 10, 2026SenateFloor
    Returned Passed
  3. Apr 10, 2026HouseFloor
    Third Reading Passed (133-0)
  4. Apr 8, 2026HouseFloor
    Favorable Adopted Second Reading Passed
  5. Apr 8, 2026HouseCommittee
    Favorable Report by Judiciary
  6. Mar 23, 2026HouseCommittee
    Referred Judiciary
Show 6 earlier actions
  1. Mar 23, 2026SenateFloor
    Third Reading Passed (43-0)
  2. Mar 20, 2026SenateFloor
    Second Reading Passed with Amendments
  3. Mar 20, 2026Senate
    Favorable with Amendments { 823123/1 Adopted
  4. Mar 20, 2026SenateCommittee
    Favorable with Amendments Report by Judicial Proceedings
  5. Feb 12, 2026Senate
    Hearing 2/26 at 1:00 p.m.
  6. Feb 6, 2026SenateIntroduced
    First Reading Judicial Proceedings

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Shaneka HensonSenate · District 30DemocraticSponsor
Nick CharlesSenate · District 25DemocraticSponsor
Bill FoldenSenate · District 4RepublicanSponsor
Mary-Dulany JamesSenate · District 34DemocraticSponsor
Sara LoveSenate · District 16DemocraticSponsor
Show 6 more sponsors
Mike McKaySenate · District 1RepublicanSponsor
Anthony MuseSenate · District 26DemocraticSponsor
Will SmithSenate · District 20DemocraticSponsor
Charles SydnorSenate · District 44DemocraticSponsor
Jeff WaldstreicherSenate · District 18DemocraticSponsor
Chris WestSenate · District 42RepublicanSponsor

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift100% confidence

Introduction of Nontestamentary Real Estate Transfers

Maryland transitions from requiring traditional wills or life estate deeds to permitting direct transfer-on-death deeds for real property.

Maryland Transfer-on-Death Deed ActMaryland Uniform Disclaimer of Property Interests Act

Connected Entities

Maryland State Department of Assessments and Taxation, Federal Electronic Signatures in Global and National Commerce Act, Uniform Law Commission and 3 more
OrganizationMaryland State Department of Assessments and Taxation“Receives notifications of transferor deaths and updates assessment records.”Map →
otherFederal Electronic Signatures in Global and National Commerce Act“Modified, limited, and superseded in part by the new subtitle.”Map →
OrganizationUniform Law Commission“Promulgated the Uniform Real Property Transfer on Death Act.”Map →
otherMaryland Uniform Disclaimer of Property Interests Act“Altered by the Act to provide for disclaimer of nonprobate transfers at death.”Map →
OrganizationState Tax Sale Ombudsman“Provides services and payment plan information related to property taxes.”Map →
otherMaryland Transfer-on-Death Deed Act“New subtitle established under the Real Property Article.”Map →

Sources

Open source document

mgaleg.maryland.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy10
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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