Maryland gift deed
Here is what Maryland actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Clerk of the Circuit Court (Land Records)
- Witnesses
- Notary only
- Transfer tax
- State transfer tax 0.5%
- First-page margin
- 3″ top
- Recording fee
- ~$20 first page
- E-recording
- Generally available
What a gift deed does in Maryland
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but recites donative intent, which supports a transfer-tax exemption.
Less common in Maryland
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Maryland homeowners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Document donative intent for a transfer-tax exemption
- Make a charitable gift of real estate
What Maryland requires on the deed
These are the execution and formatting rules circuit court clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Maryland says |
|---|---|
| Recording office | Clerk of the Circuit Court (Land Records) |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Maryland Intake Sheet; Form MW506NRS for non-resident sellers |
| Also required | Maryland requires a certification that the instrument was prepared by an attorney or by one of the parties named in it (Md. Real Prop. Code § 3-104(f)). |
How to complete and record it in Maryland
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Clerk of the Circuit Court (Land Records) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Maryland's statutory language, the correct notary block, and the 3-inch first-page margin circuit court clerks expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Maryland Intake Sheet; Form MW506NRS for non-resident sellersMaryland requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Clerk of the Circuit Court (Land Records)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Maryland
| Cost | Typical amount |
|---|---|
| Recording fee | About $20 for the first page |
| Transfer tax | State transfer tax plus county recordation tax: State transfer tax 0.5% (0.25% for a first-time Maryland homebuyer), plus county transfer tax up to 1.5% and county recordation tax typically $2.50–$5.00 per $500 |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $39, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Maryland charges a state transfer tax plus county recordation tax of State transfer tax 0.5% (0.25% for a first-time Maryland homebuyer), plus county transfer tax up to 1.5% and county recordation tax typically $2.50–$5.00 per $500. It is customarily paid by the negotiated. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers between spouses or former spouses under a divorce decree, transfers between parent and child, and gifts with no consideration. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Maryland
Maryland deeds are recorded with the Clerk of the Circuit Court (Land Records) in the county where the property sits, not where you live. There are 24 counties in Maryland.
Most Maryland recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Maryland: Montgomery, Prince George's, Baltimore County, Anne Arundel, Baltimore City, Howard, Frederick, Harford, Carroll. See all Maryland recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Maryland law that catch people out
- Maryland requires an attorney-preparation certification on the deed: it must state that the instrument was prepared by a Maryland attorney or by one of the parties named in it. Preparing it yourself is allowed, but the certification has to say so.
- Deeds must go through the county's Department of Finance or Treasurer for tax stamps BEFORE the Clerk will record them.
- A Maryland Intake Sheet must accompany every deed.
- Maryland does not recognize transfer-on-death deeds.
- Tenancy by the entirety is presumed for married couples and gives strong creditor protection.
How to hold title in Maryland
When two or more people take title in Maryland and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Maryland: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple in Maryland creates a tenancy by the entirety unless the deed says otherwise.
$39, one time. Your finished deed appears in full before you pay, with Maryland's witness rules, margins, and recording instructions already applied.
Common questions
No. Maryland has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Clerk of the Circuit Court (Land Records). Deedly produces all of that for $39, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $20 for the first page. Maryland also charges state transfer tax plus county recordation tax of State transfer tax 0.5% (0.25% for a first-time Maryland homebuyer), plus county transfer tax up to 1.5% and county recordation tax typically $2.50–$5.00 per $500, though gifts and family transfers are often exempt. Plus a $40 state surcharge on most instruments.
No. Maryland requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Clerk of the Circuit Court (Land Records) in the county where the property is located, not where you live, and not where the buyer lives. Maryland has 24 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Maryland quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Maryland general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Maryland special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Maryland life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for MarylandRecording offices, transfer tax, witness rules, and fees.
- Maryland recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.