For years, the only way to avoid probate in Maryland was with an expensive revocable living trust.   In June 2026, Maryland enacted landmark legislation to allow homeowners to record a Transfer on Death (TOD) deed, which will automatically transfer your home to your children (or other heirs) upon your death, thereby avoiding probate. 

.  The benefits of recording a Transfer on Death Deed for your home include:

• SAVINGS: It avoids the time and expense of probating your home.
• EFFICIENT: When you die, your home transfers automatically to your named children or heirs.
• AFFORDABLE: Recording a Transfer on Death Deed costs far less than hiring an attorney to create a traditional revocable living trust.
• CONTROL: You keep full ownership during your lifetime and may revoke or change the Transfer on Death Deed at any time.
• PROTECTION: Because your children have no ownership interest while you are alive, their creditors cannot place judgment liens on your home during your lifetime.
• EXEMPTIONS: If the property is your primary or secondary residence, a Transfer on Death Deed is exempt from state and county transfer and recordation taxes.
• RETROACTIVE: Transfer on Death Deeds signed before October 1, 2026 are effective.

Before June 2026, Maryland spouses generally had two estate-planning options: a simple will or a revocable living trust.  A will is affordable, but probate can be costly and time-consuming for your children.  A revocable living trust can avoid probate, but preparing the trust and retitling your home often costs $6,000 or more.

The new Transfer on Death Deed gives Maryland residents a third option that combines key advantages of both. Like a Will, it is an inexpensive estate-planning tool.  Like a revocable living trust, it allows your home to pass automatically to your children after the surviving spouse dies.  Most importantly, your children can avoid the time and expense of probating your home.

If you are single with children, a Transfer on Death Deed offers the same probate-avoidance benefits and potential savings.

You can also keep your other valuable assets out of probate by taking these three simple steps:

1.   For your bank account and/or broker accounts, you can have these accounts transferred to your children (or other heirs) by designating transfer-on-death (TOD) or pay-on-death (POD) beneficiaries.  Your financial accounts will automatically transfer to your named beneficiaries, thereby avoiding probate.

2.   If you have retirement accounts ( such as an IRA, Roth IRA, 401(k), or 403(b)), make sure that you have designated beneficiaries.  These retirement accounts will automatically transfer to your named beneficiaries, thereby bypassing probate.   

3.   The Maryland Vehicle Administration (MVA) allows you to record a transfer on death beneficiary title for your vehicle.  See MVA website at https://mva.maryland.gov/media/170

After recording a Transfer on Death deed and taking these three additional easy steps, only your non-titled personal property (such as furniture, jewelry, and other household items) will be subject to probate.  By using these easy steps to reduce the value of your estate, your children (or other heirs) will thank you for keeping your most valuable assets out of probate.

Update:  One of my Maryland colleagues has informed me that he will lose 95% of his estate planning business if clients implement all of these steps, because they will no longer have a need for expensive revocable living trusts to avoid probate.