What is a Transfer-on-Death Deed (TODD)?

---

Effective 10-01-2026, Maryland now allows Transfer-on-Death deeds (TODD). A TODD allows a homeowner to designate a Beneficiary to receive the title to their home instantly upon the Owner's death. With a TODD, the house title does not pass thru probate, but rather title passes by operation of law to the TODD Beneficiary.

A TODD can be thought of as a Will solely for a particular property. A TODD provides that the Owner of the property continues to own the property during the Owner's lifetime. The Beneficiary named in the TODD becomes the owner of the property only upon the death of the Owner. Owner's and Beneficiaries can include multiple parties. 

Under a TODD, the Owner retains 100% ownership during the Owner's lifetime. The Beneficiary and/or the Beneficiary's creditors have no interest in the property until after the Owner's death. Because the Owner retains 100% control during their lifetime, the Owner may sell, refinance, change the Beneficiary, and/or revoke the TODD without needing the Beneficiary's consent.

Recordation timing is important. Recording a TODD after the Owner's death, even if signed before the Owner's death, is not effective.

TODDs are revocable at any time, provided they are revoked prior to the Owner's death. In order to revoke a TODD, the Owner must record either a new TODD or a Revocation in the land records prior to the Owner's death. Revocation timing is important. Recording a Revocation after the Owner's death, even if signed before the Owner's death, is not effective. No consent of the Beneficiary is required to change or revoke a TODD.

Upon the death of the Owner, the Beneficiary should notify the court clerk of the death of the Owner. The State Department of Assessments will update the name and mailing address of the property owner to be the Beneficiary. No new deeds are required.  

TODDs can be very cost effective estate planning tools and often help avoid having to go through the probate process. Upon the death of the Owner, the property named in the TODD passes automatically directly to the Beneficiary outside of the estate of the Owner. Therefore, notwithstanding any provisions in the Owner's Will that might provide that the property or Owner's estate passes to a particular person, the TODD will control who receives the particular property. This is true even if the Will provides that the particular property is left to someone other than the Beneficiary named in the TODD.

They may or may not be. Depending on a variety of factors, including but not limited to, the number of Beneficiaries or Owners, the relationship of the Beneficiaries to each other and/or to the Owner(s), the TODD laws have some presumptions and rules that apply only to TODDs and may invalidate the Owner's intent. Estate planning is normally critical, but guidance is particularly important when using a TODD.