# Real Property (GRP)

## Title 14. Miscellaneous Rules

### Subtitle 10

#### Section 14-1009

(a)

  (1) 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:

    (i) Title 3, Subtitle 3 of the Estates and Trusts Article (Statutory Share of Pretermitted Child and Issue);

    (ii) Title 3, Subtitle 4 of the Estates and Trusts Article (Elective Share of Surviving Spouse);

    (iii) Section 4-105(b)(3) and (4) of the Estates and Trusts Article (revocation by subsequent marriage followed by a child or by divorce);

    (iv) Section 4-403 of the Estates and Trusts Article (Lapse);

    (v) 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

    (vi) Title 10, Subtitle 8 of the Courts Article (Simultaneous Death).

  (2)

    (i) 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.

    (ii) 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.

    (iii) The interest of any designated beneficiary who fails to survive the transferor lapses.

    (iv) A transfer-on-death deed may provide for successive alternate designated beneficiaries.

(b)

  (1) 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 Sec. 9-102 of the Commercial Law Article, that the property is subject to at the transferor's death.

  (2) For purposes of this subsection, the delivery of the transfer-on-death deed is deemed to have occurred at the transferor's death.

(c) A transfer-on-death deed transfers property without covenant or warranty of title even if the transfer-on-death deed contains a contrary provision.

(d)

  (1) 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.

  (2) 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.

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Md. Code Ann., Real Prop. (as displayed at mgaleg.maryland.gov, October 16, 2026)