A house or land without probate in Maryland

Since October 1, 2026, a Maryland owner can sign a transfer-on-death deed so real property passes to named beneficiaries at death without probate. The deed must meet the normal deed requirements, be signed and acknowledged before a notary, say the transfer happens at the owner's death, and be recorded in the county land records before the owner dies.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Maryland

Real estate (TOD deed)

Yes · Transfer-on-death deed (Maryland Transfer-on-Death Deed Act)

Since October 1, 2026, a Maryland owner can sign a transfer-on-death deed so real property passes to named beneficiaries at death without probate. The deed must meet the normal deed requirements, be signed and acknowledged before a notary, say the transfer happens at the owner's death, and be recorded in the county land records before the owner dies. The beneficiary takes the property subject to any mortgage or lien. A beneficiary may record a notice of the owner's death, but it is not required for the transfer. The law applies to owners who die on or after October 1, 2026, including deeds signed before that date.

Law: Md. Code, Real Prop. secs. 14-1001 to 14-1014 (2026 Md. Laws ch. 750)

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Maryland
Counts

Maryland real estate in the person's name alone or as a tenant in common counts at fair market value minus any recorded mortgage or other secured debt. The register accepts the tax assessment value instead of a formal appraisal.

Law: Est. & Trusts 5-601(d)

Main home (primary residence)
Counts

The person's home counts the same way as other Maryland real estate, at value minus any recorded mortgage, unless it passes by joint ownership or a recorded transfer-on-death deed.

Law: Est. & Trusts 5-601(d), 1-101(s)

Surviving spouse in Maryland

If the surviving spouse is the only heir or beneficiary, the small estate limit is $100,000 instead of $50,000, and the Register of Wills charges no fees. If the person left only one or two vehicles (or a boat worth $5,000 or less) and nothing else, the spouse who is the only heir can transfer them without any estate. In an estate, a surviving spouse or registered domestic partner is entitled to a $10,000 family allowance, and each unmarried child under 18 to $5,000.

Who inherits with no will in Maryland

If there is no will and there is a surviving spouse or registered domestic partner: they get everything if there are no children or other descendants; one-half if there is a child under 18; and the first $100,000 plus one-half of the rest if all children are adults but at least one is not also the spouse's child. Whatever does not go to the spouse goes to the person's children (or descendants of a child who died) in equal shares. With no spouse and no descendants, the estate goes to the parents, then to brothers, sisters and their descendants, then to grandparents and their descendants, and finally to stepchildren.

Law: Md. Code, Est. & Trusts secs. 3-102 to 3-104

Source: Official page

Related pages

Free help in Maryland

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.