In this subtitle the following terms have the meanings indicated. “Beneficiary” means a person that receives real property under a transfer–on–death deed. “Designated beneficiary” means a person designated to receive real property in a transfer–on–death deed. “Joint owner” means an individual who owns property concurrently with one or more other individuals with a right of survivorship. “Joint owner” includes: A joint tenant; and A tenant by the entirety. “Joint owner” does not include a tenant in common. “Property” means an interest in real property located in the State that is transferable on the death of the owner. “Transferor” means an individual who makes a transfer–on–death deed. “Transfer–on–death deed” means a deed authorized under this subtitle.

This subtitle does not: Affect any method of transferring property otherwise allowed under the laws of the State; or Limit the right of any person to maintain a civil action for damages or other remedies otherwise available under any other provision of law.

An owner of property may transfer the property to one or more beneficiaries effective at the transferor’s death by a transfer–on–death deed. A transfer–on–death deed that designates multiple beneficiaries may transfer ownership of the property to the beneficiaries under any form of tenancy indicated in the transfer–on–death deed. If the transfer–on–death deed does not indicate a form of tenancy, title to the property shall be conveyed to the designated beneficiaries on the death of the owner or, if there are multiple owners, on the death of the last surviving owner, as joint tenants with rights of survivorship.

A transfer–on–death deed is nontestamentary. A transfer–on–death deed is revocable even if the deed or another instrument contains a contrary provision. The capacity required to make or revoke a transfer–on–death deed is the same as the capacity required to make a will.

Except as provided in subsection (b) of this section, a transfer–on–death deed shall comply with § 4–101 of this article. A transfer–on–death deed shall state that the transfer to the designated beneficiary is to occur at the transferor’s death.

A transfer–on–death deed is effective if, prior to the death of the transferor, it is recorded in the land records of the county where the property is located in accordance with § 3–104 of this article. A transfer–on–death deed is effective without: Notice or delivery to or acceptance by a designated beneficiary during the transferor’s life; or Consideration.

During a transferor’s life, a transfer–on–death deed does not: Affect an interest or a right of the transferor or any other owner, including the right to transfer or encumber the property; Affect an interest or a right of a transferee, even if the transferee has actual or constructive notice of the transfer–on–death deed; Affect an interest or a right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the transfer–on–death deed; Affect the transferor’s or designated beneficiary’s eligibility for any form of public assistance; Create a legal or equitable interest in favor of any designated beneficiary; or Subject the property to claims or process of a creditor of any designated beneficiary.

Subject to subsection (c) of this section, the transferor may revoke a previously recorded transfer–on–death deed, or any part of that recorded transfer–on–death deed, by recording in the land records of the county in which the property is located, before the death of the transferor, an executed and acknowledged: Transfer–on–death deed that revokes the deed or part of the deed expressly or by inconsistency; Instrument of revocation that expressly revokes the deed or part of the deed; or Inter vivos deed that revokes the transfer–on–death deed or part of the deed expressly or by inconsistency. After a transfer–on–death deed is recorded, it may not be revoked by: A revocatory act on the deed; or A testamentary document executed by the transferor, even if the testamentary document is executed after the date of recordation of the transfer–on–death deed. If a transfer–on–death deed is made by more than one transferor: Revocation by a transferor does not affect the deed as to the interest of another transferor; and A deed by joint owners is revoked only if it is revoked by all living joint owners. This section does not limit the effect of an inter vivos transfer of the property.

Except as otherwise provided in the transfer–on–death deed or in this section, this section applies on the death of a transferor to property that is the subject of a transfer–on–death deed owned by the transferor at death, subject to the limitations under: Title 3, Subtitle 3 of the Estates and Trusts Article (Statutory Share of Pretermitted Child and Issue); Title 3, Subtitle 4 of the Estates and Trusts Article (Elective Share of Surviving Spouse); Section 4–105(b)(3) and (4) of the Estates and Trusts Article (revocation by subsequent marriage followed by a child or by divorce); Section 4–403 of the Estates and Trusts Article (Lapse); Section 11–112 of the Estates and Trusts Article (disqualification from inheriting property or an interest in property for feloniously and intentionally killing, conspiring to kill, or procuring the killing of a decedent); and Title 10, Subtitle 8 of the Courts Article (Simultaneous Death). The interest in the property is transferred to a designated beneficiary in accordance with the transfer–on–death deed on the death of the transferor if the beneficiary survives the transferor. If the designated beneficiary does not survive the transferor and the transferor has provided for an alternate designated beneficiary in the transfer–on–death deed, the interest in the property is transferred to a surviving alternate designated beneficiary in accordance with the transfer–on–death deed on the death of the transferor. The interest of any designated beneficiary who fails to survive the transferor lapses. A transfer–on–death deed may provide for successive alternate designated beneficiaries. Subject to Title 3, Subtitle 2 of this article, a beneficiary takes the property transferred by the transfer–on–death deed subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and any other security agreements, as defined in § 9–102 of the Commercial Law Article, that the property is subject to at the transferor’s death. For purposes of this subsection, the delivery of the transfer–on–death deed is deemed to have occurred at the transferor’s death. A transfer–on–death deed transfers property without covenant or warranty of title even if the transfer–on–death deed contains a contrary provision. If a transferor is a joint owner and is survived by one or more joint owners, the property that is the subject of the transfer–on–death deed belongs to the surviving joint owner or owners with right of survivorship. If a transferor is a joint owner and is the last surviving joint owner, the transfer–on–death deed is effective on the death of the last surviving joint owner.

Any beneficiary may disclaim all or part of the beneficiary’s interest as provided under the Maryland Uniform Disclaimer of Property Interests Act, Title 9, Subtitle 2 of the Estates and Trusts Article.

This subtitle governs the effect of the form transfer–on–death deed provided in this section. An individual may establish a transfer–on–death deed by executing, acknowledging, and recording a form transfer–on–death deed. The form transfer–on–death deed shall: Be recorded in accordance with the policies and procedures established by the clerk of the circuit court before the transferor’s death; and State that the transfer to the beneficiary occurs at the transferor’s death. The following form may be used to create a transfer–on–death deed: “FORM TRANSFER–ON–DEATH DEED NOTICE TO OWNER You Should Carefully Read All Information On This Form And The “Common Questions About The Use Of This Form” Document. You May Want to Consult a Lawyer Before Using This Form. This form is for current property owners. If not all current owners are signing this form, your name has changed since you acquired the property, or you wish to name multiple people to own the property in the future, consultation with a lawyer is strongly advised. Use of this form for more complex situations than provided for in the form may have unintended consequences. This form must be notarized and recorded in each county (or Baltimore City) in which the property is located before your death, or it will not be effective. The notary public cannot be a relative of any beneficiary or owner. Please attach and record additional pages if the requested information does not fit on this form. IDENTIFYING INFORMATION Owner(s) Making This Deed: __________________________    ________________________________ Printed name            Mailing address _____________________________ _________________________________ Printed name            Mailing address Legal description of the property: __________________________________________________________________ __________________________________________________________________     __________________________________________________________________     __________________________________________________________________     __________________________________________________________________ BENEFICIARIES NOTE: If this form names multiple primary beneficiaries or alternate beneficiaries and does not indicate a different form of ownership, the property will be transferred to them as joint tenants with rights of survivorship. PRIMARY BENEFICIARY OR BENEFICIARIES I designate the following beneficiary or beneficiaries if the beneficiary or beneficiaries survive me. _________________________    _________________________________ Printed name            Mailing address, if available ________________________ _________________________________ Printed name            Mailing address, if available ALTERNATE BENEFICIARY – Optional If my primary beneficiary or beneficiaries do not survive me, I designate the following alternate beneficiary if that beneficiary survives me. _________________________    _________________________________ Printed name            Mailing address, if available TRANSFER ON DEATH At my death, I transfer my interest in the described property to the beneficiaries as designated above. Before my death, I have the full right to revoke this deed. SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED _________________________    (SEAL) _________________ Signature                        Date _______________________________ Printed name _________________________    (SEAL) _________________ Signature                        Date _______________________________ Printed name PREPARER

This subtitle governs the effect of the form provided under this section, or any other instrument used to revoke a transfer–on–death deed. The following form may be used to create an instrument of revocation under this subtitle: “REVOCATION OF A TRANSFER–ON–DEATH DEED NOTICE TO OWNER This revocation must be recorded in each county (or Baltimore City) in which the property is located before you die or it will not be effective. This revocation is effective only as to the interests in the property of the owner who signs this revocation. IDENTIFYING INFORMATION Owner or Owners of Property Making This Revocation: _____________________________    _____________________________ Printed name                Mailing address _____________________________    _____________________________ Printed name                Mailing address Legal description of the property: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ REVOCATION I revoke all my previous transfers of this property by transfer–on–death deed. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION _______________________________    (SEAL) _______________ Signature                        Date _______________________________ Printed name _______________________________    (SEAL) _______________ Signature                        Date _______________________________ Printed name ACKNOWLEDGMENT State of ____________ County of ______________ This record was acknowledged before me on the ___ day of ___, 20__, by ___________________________________ Signature of notarial officer Title of office Stamp My commission expires: ________ “COMMON QUESTIONS ABOUT USE OF THIS FORM THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A REVOCATION OF A TRANSFER–ON–DEATH DEED AT THE OFFICE OF LAND RECORDS. How do I use this form to revoke a recorded form transfer–on–death deed or other transfer–on–death deed? Complete this revocation form. Have it acknowledged before a notary public or other individual authorized under law to take acknowledgments. Record the form in the land records of each county where the property is located. The form must be acknowledged and recorded before your death or it has no effect. How do I find the “legal description” of the property? This information may be on the transfer–on–death deed. It may also be available in the land records for the county where the property is located. If you are not absolutely sure, consult a lawyer. How do I “record” the form? Take the completed and acknowledged form to the clerk of the circuit court for the county where the property is located. Follow the instructions given by the clerk’s office to make the form part of the official property records. If the property is located in more than one county, you should record the form in each of those counties. I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer. I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.”.

On the death of a transferor, a beneficiary or the beneficiaries of a transfer–on–death deed may record notice of the death of a transferor in the land records of the county in which the property is located. Notice of the death of the transferor is not required to effectuate the transfer of the property, which is deemed to have occurred at the death of the transferor. The clerk of the court shall forward notification of the death of a transferor to the Maryland State Department of Assessments and Taxation in the same manner as a deed or a lease. The following form may be used and recorded under subsection (a) of this section to provide notice of the death of a transferor: “TRANSFER–ON–DEATH DEED NOTIFICATION OF DEATH The undersigned hereby affirms, under the penalties of perjury, that the following is true regarding a transfer–on–death deed (TODD) recorded on the subject property: Name of transferor(s): ____________________________________________ Recording reference of TODD: Book/Liber Number: _______, Page/Folio: _______, Dated the ___ day of ____________, 20___, and recorded among the land records of ____________________ city/county. Complete address of subject property as it appears in records of Maryland State Department of Assessments and Taxation (SDAT): _________________________________________________________________________ _________________________________________________________________________ SDAT tax identification number: _______________________________________ Note: The information above may be available on SDAT’s website. TODD Transferor Information Date of transferor’s death: ___________________________ State where death certificate issued: ______________________ Death certificate file or registration number: _____________________ TODD Beneficiary Information Name of beneficiary or beneficiaries identified on TODD: ____________________________________________________________________________________________________________________________________________________ Mailing address of beneficiary who will be responsible for real property taxes: ____________________________________________________________________________________________________________________________________________________ Relationship(s) of beneficiary or beneficiaries to transferor: ____________________________________________________________________________________________________________________________________________________ If a beneficiary or beneficiaries died after the transferor’s death, provide the date of death, death certificate state and file/registration number here. If the beneficiary or beneficiaries died prior to the transferor, their interest in the property has lapsed. _______________________________________________________________________________________ Beneficiary signature: __________________________ Date: ______________________________ Beneficiary signature: __________________________ Date: ______________________________ ACKNOWLEDGMENT State of ____________ County of ______________ This record was acknowledged before me on the ___ day of ___, 20__, by ___________________________________ Signature of notarial officer Title of office Stamp My commission expires: ________ Certification of Occupancy Status Select one of the below options that correctly describes the property’s occupancy status: Option one: ____ None of the beneficiaries inheriting the subject property under the deed referenced in this notification live at this property as their principal residence. OR Option two: ____ At least one of the beneficiaries inheriting the subject property under the deed referenced in this notification lives at this property as their principal residence. If you selected option two and you are the beneficiary occupying the property, please complete the following: I, ______________________ (print name), do hereby certify and affirm under the penalties of perjury that I currently live at and will continue to live at the above–referenced property, following the recording of this notification. I shall occupy the property as my principal residence for at least 7 of the next 12 months. _______________________________________ Signature”.

This subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).