Maryland legislation · 2026 Regular Session
Maryland HB738: Real Property - Transfer-on-Death Deed - Establishment
Status: Signed into law, May 26, 2026
Altering the Maryland Uniform Disclaimer of Property Interests Act to provide for the disclaimer of nonprobate transfers at death; providing for the creation, revocation, recordation, and effects of a transfer-on-death deed for real property; providing example forms for the creation and revocation of a transfer-on-death deed; providing for the retroactive application of the Act to transfer-on-death deeds executed prior to the effective date of the Act for a transferor who dies on or after October 1, 2026; etc.
What the bill says
An act concerning Real Property - Transfer-on-Death Deed - Establishment FOR the purpose of altering the Maryland Uniform Disclaimer of Property Interests Act to provide for the disclaimer of nonprobate transfers at death; providing for the creation, revocation, recordation, and effects of a transfer-on-death deed for real property; providing example forms for the creation and revocation of a transfer-on-death deed; altering certain recording requirements for the clerks of the circuit court; exempting a certain transfer-on-death deed from certain property transfer taxes…
From the enrolled text, June 3, 2026:
AN ACT concerning Real Property - Transfer-on-Death Deed - Establishment FOR the purpose of altering the Maryland Uniform Disclaimer of Property Interests Act to provide for the disclaimer of nonprobate transfers at death; providing for the creation, revocation, recordation, and effects of a transfer-on-death deed for real property; providing example forms for the creation and revocation of a transfer-on-death deed; altering certain recording requirements for the clerks of the circuit court; exempting a certain transfer-on-death deed from certain property transfer taxes; providing for the retroactive application of this Act to life estate deeds with powers transfer-on-death deeds executed prior to the effective date of this Act for a transferor who dies on or after the effective date of this Act; and generally relating to life estate deeds with powers transfer-on-death deeds. BY adding to Article - Estates and Trusts Section 1-402 to be under the amended subtitle "Subtitle 4. Nontestamentary Transfers" Annotated Code of Maryland (2022 Replacement Volume and 2025 Supplement) BY repealing and reenacting, without amendments, Article - Estates and Trusts Section 9-201(a) and (b) and 9-209(a) Annotated Code of Maryland (2022 Replacement Volume and 2025 Supplement) BY repealing and reenacting, with amendments, Article - Estates and Trusts Section 9-209(e) and (f) and 9-212 Annotated Code of Maryland (2022 Replacement Volume and 2025 Supplement) BY repealing and reenacting, with …