# Maryland HB 0738: Real Property - Transfer-on-Death Deed - Establishment

Maryland HB 0738, Real Property - Transfer-on-Death Deed - Establishment, is a 2026 Regular Session House bill sponsored by N. Scott Phillips (Democratic); status signed, last action 2026-05-26 (Approved by the Governor - Chapter 751); PRIA reads it as touching household money (as of 2026-10-11).

- Canonical: https://policyrisk.com/state-bill/MD-HB0738-2026RS
- As of: 2026-10-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Maryland HB 0738
- State: Maryland
- Session: 2026 Regular Session
- Title: Real Property - Transfer-on-Death Deed - Establishment
- Status: signed
- Chamber: House
- Introduced: 2026-02-03
- Last action: 2026-05-26, Approved by the Governor - Chapter 751
- Sponsor: N. Scott Phillips (Democratic)
- Cosponsors: 36
- Subjects: Real Property, Estates and Trusts, Attorneys, Baltimore City, Beneficiaries, Circuit Courts, Clerks of Court, Contracts -see also- Procurement, Counties -see also- Chartered Counties; Code Counties; etc., Death -see also- Homicide; Murder; Wrongful Death, Deeds, Estates and Trusts -see also- Beneficiaries, Forms, Kinship -see also- Parents and Guardians, Land Records -see also- Deeds, Liens, Names, Notaries Public, Notices, Personal Property, Property Tax, Recordation, Residency -see also- Immigrants and Citizenship, Revenue and Taxes -see also- (specific tax), Securities, Signatures, Transfer of Goods -see also- Goods&Svc; Leas&Rnt; RetailSale, Witnesses
- Touches household money: yes
- Roll calls: 3 (304 yes, 0 no in all)
- Economic provisions PRIA read: 7

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Lower taxes on transfer-on-death homes: benefit, high. Beginning October 1, 2026, a transfer-on-death deed for your primary or secondary home is exempt from Maryland’s state recordation tax. Starting the same date, deeds that are exempt from that recordation tax are also exempt from the state transfer tax and county transfer tax. This lowers or removes…
- Make or cancel a transfer-on-death deed: benefit, medium. To create a transfer-on-death deed, use the state form, say it transfers at your death, get it notarized, and record it in every county where the property sits. The notary cannot be a relative of any owner or beneficiary. If you can make a will, you have the capacity to make or revoke this deed. Yo…
- When these rules take effect: benefit, low. The law takes effect October 1, 2026. It applies to transfer-on-death deeds made before, on, or after that date if the owner dies on or after October 1, 2026.
- Transfer-on-death deeds for Maryland homes: mixed, high. The law creates transfer-on-death deeds so your real property can pass outside probate. To work, you must record the deed in the county land records before you die. The beneficiary must survive you; a named alternate can take if the first does not. If you name more than one and do not choose a form…
- Paperwork and recording rules for transfer-on-death deeds: mixed, medium. Some usual filing steps do not apply when you record a transfer-on-death deed or its revocation, like the county tax collector certificate and extra intake-sheet mailing. But a clerk may refuse to record a deed without an intake sheet, and deeds recorded without one lose the usual protection that m…
- Court guidance and electronic signature limits: mixed, low. Beginning October 1, 2026, courts apply this law using familiar Maryland life-estate principles when that fits and stays consistent with the uniform act. The law also limits how electronic signatures apply here and does not allow electronic delivery of certain federal notices. These rules aim for c…
- Disclaiming and post-death steps for beneficiaries: mixed, low. If you are named as a beneficiary, you can refuse all or part of the interest under Maryland’s disclaimer law. If you disclaim a real-property interest created by a beneficiary designation after it becomes irrevocable, you must record the disclaimer in the county land records, or it may not be effe…

## Sponsors and cosponsors

- Sponsor: N. Scott Phillips (Democratic), House
- Cosponsor: Andre V. Johnson (Democratic), House
- Cosponsor: Jackie Addison (Democratic), House
- Cosponsor: Marlon Amprey (Democratic), House
- Cosponsor: Adrian Boafo (Democratic), House
- Cosponsor: Regina T. Boyce (Democratic), House
- Cosponsor: Derrick Coley (Democratic), House
- Cosponsor: Frank M. Conaway (Democratic), House
- Cosponsor: Elizabeth Embry (Democratic), House
- Cosponsor: Diana M. Fennell (Democratic), House
- Cosponsor: Catherine M. Forbes (Democratic), House
- Cosponsor: Terri L. Hill (Democratic), House
- Cosponsor: Marvin E. Holmes (Democratic), House
- Cosponsor: Julian Ivey (Democratic), House
- Cosponsor: Aaron M. Kaufman (Democratic), House
- Cosponsor: Aletheia McCaskill (Democratic), House
- Cosponsor: Susan K. McComas (Republican), House
- Cosponsor: Bernice Mireku-North (Democratic), House
- Cosponsor: Gabriel M. Moreno (Democratic), House
- Cosponsor: LaToya Nkongolo (Republican), House
- Cosponsor: Cheryl E. Pasteur (Democratic), House
- Cosponsor: Kim Ross (Democratic), House
- Cosponsor: Malcolm P. Ruff (Democratic), House
- Cosponsor: Gary Simmons (Democratic), House
- Cosponsor: Stephanie Smith (Democratic), House
- Cosponsor: Sean A. Stinnett (Democratic), House
- Cosponsor: Deni Taveras (Democratic), House
- Cosponsor: Kym Taylor (Democratic), House
- Cosponsor: Karen Toles (Democratic), House
- Cosponsor: Veronica Turner (Democratic), House
- Cosponsor: Melissa Wells (Democratic), House
- Cosponsor: Jennifer White Holland (Democratic), House
- Cosponsor: Jheanelle K. Wilkins (Democratic), House
- Cosponsor: Nicole A. Williams (Democratic), House
- Cosponsor: Greg Wims (Democratic), House
- Cosponsor: Jamila J. Woods (Democratic), House
- Cosponsor: Caylin Young (Democratic), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-04-09 | House | Third Reading Passed | pass | 133 | 0 | 3 |
| 2026-04-08 | Senate | Third Reading Passed | pass | 42 | 0 | 2 |
| 2026-03-21 | House | Third Reading Passed | pass | 129 | 0 | 6 |

## Actions (15)

- 2026-05-26: Approved by the Governor - Chapter 751
- 2026-04-09: Passed Enrolled (House)
- 2026-04-09: Third Reading Passed (133-0) (House)
- 2026-04-09: House Concurs Senate Amendments (House)
- 2026-04-08: Third Reading Passed (42-0) (Senate)
- 2026-04-07: Second Reading Passed with Amendments (Senate)
- 2026-04-07: Favorable with Amendments {203624/1 Adopted (Senate)
- 2026-04-06: Favorable with Amendments Report by Judicial Proceedings (Senate)
- 2026-03-23: Referred Judicial Proceedings (Senate)
- 2026-03-21: Third Reading Passed (129-0) (House)
- 2026-03-19: Second Reading Passed with Amendments (House)
- 2026-03-19: Favorable with Amendments {253527/1 Adopted (House)
- 2026-03-19: Favorable with Amendments Report by Judiciary (House)
- 2026-02-05: Hearing 2/25 at 1:00 p.m. (House)
- 2026-02-03: First Reading Judiciary (House)

## Bill text

- Enacted, 2026-05-26: [PDF](https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf)
- Enrolled, 2026-04-09: [PDF](https://mgaleg.maryland.gov/2026RS/bills/hb/hb0738e.pdf)
- Third Reading, 2026-03-19: [PDF](https://mgaleg.maryland.gov/2026RS/bills/hb/hb0738t.pdf)
- First Reading, 2026-02-03: [PDF](https://mgaleg.maryland.gov/2026RS/bills/hb/hb0738f.pdf)

## Related bills

- SB 0496: Maryland Medical Assistance Program - Coverage for the Treatment of Obesity - Authorization (became law)
- SB 0366: Motor Vehicles - Intelligent Speed Assistance System Pilot Program - Establishment (became law)
- SB 0244: Code Revision - Health - Maryland Medical Assistance Program (became law)
- SB 0148: Income Tax - Credit for 9-1-1 Specialist Retirement Income (Supporting Our 9-1-1 Specialists Act) (became law)
- SB 0016: Child Support - Earnings Withholdings Limits (became law)
- HB 0529: Code Revision - Health - Maryland Medical Assistance Program (became law)

## Sources
- [Enacted (PDF)](https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_751_hb0738e.pdf)
- [Enrolled (PDF)](https://mgaleg.maryland.gov/2026RS/bills/hb/hb0738e.pdf)
- [Third Reading (PDF)](https://mgaleg.maryland.gov/2026RS/bills/hb/hb0738t.pdf)
- [First Reading (PDF)](https://mgaleg.maryland.gov/2026RS/bills/hb/hb0738f.pdf)

## Related
- [SB 0496: Maryland Medical Assistance Program - Coverage for the Treatment of Obesity - A…](https://policyrisk.com/state-bill/MD-SB0496-2026RS)
- [SB 0366: Motor Vehicles - Intelligent Speed Assistance System Pilot Program - Establishm…](https://policyrisk.com/state-bill/MD-SB0366-2026RS)
- [SB 0244: Code Revision - Health - Maryland Medical Assistance Program](https://policyrisk.com/state-bill/MD-SB0244-2026RS)
- [SB 0148: Income Tax - Credit for 9-1-1 Specialist Retirement Income (Supporting Our 9-1-…](https://policyrisk.com/state-bill/MD-SB0148-2026RS)
- [SB 0016: Child Support - Earnings Withholdings Limits](https://policyrisk.com/state-bill/MD-SB0016-2026RS)
- [HB 0529: Code Revision - Health - Maryland Medical Assistance Program](https://policyrisk.com/state-bill/MD-HB0529-2026RS)
- [Maryland bills](https://policyrisk.com/states/maryland/bills)
- [Maryland state hub](https://policyrisk.com/states/maryland)
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Source: PRIA, https://policyrisk.com/state-bill/MD-HB0738-2026RS (as of 2026-10-11).