Maryland property deeds
Deed rules are state law, and Maryland's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Clerk of the Circuit Court (Land Records)
- Witnesses
- Notary only
- Transfer tax
- State transfer tax 0.5% of the consideration
- First-page margin
- 3″ top
- Recording fee
- $60 per document
- E-recording
- Approved submitters
Deeds Maryland recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | Yes, as the life estate deed with powers (Deedly doesn't prepare it) |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
How a deed has to be signed in Maryland
Maryland requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Recommended |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Maryland document formatting rules
A safe layout for Maryland is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the clerk of the circuit court's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Maryland document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Maryland law requires black type of at least 8 point on white paper, a 3-inch top margin on page one, and 1-inch left and right margins on every page (Md. Real Prop. Code § 3-104(e)(1)(i)). A deed that does not conform costs three times the normal recording charge. Deedly uses 10-point type and 1-inch margins on all sides.
Maryland transfer tax and recording fees
Maryland charges State transfer tax, recordation tax and county transfer tax at State transfer tax 0.5% of the consideration (0.25%, paid entirely by the seller, on a sale of an improved home to a first-time Maryland homebuyer who will live there and gives a sworn statement), plus recordation tax at the county's rate, from $2.50 per $500 (Baltimore County, Howard) to $7.00 per $500 (Frederick), with a premium on larger amounts in Montgomery, plus county transfer tax from none to 1.5% (Baltimore City 1.5%; Anne Arundel 1%, or 1.5% at $1 million or more; Prince George's 1.4%; Howard 1.25%; Montgomery 1%). Many counties exempt part of the price for owner-occupants or first-time buyers (Md. Tax-Prop. Code §§ 12-103(b), 13-408, 13-409). In a sale, Maryland law presumes the buyer and seller share the recordation tax and any State or local transfer tax equally unless their agreement or the law says otherwise (Md. Code, Real Prop. § 14-104(b)). When an improved home is sold to a first-time Maryland homebuyer who will live in it, the seller pays the entire State transfer tax (§ 14-104(c)(2)).
Common exemptions: transfers between spouses or former spouses (no recordation or State transfer tax, Tax-Property Article §§ 12-108(d) and 13-207(a)(3); no county transfer tax only when made under a property settlement or divorce decree, § 13-403(b)), transfers to a spouse, child, parent, sibling, grandchild, grandparent or in-law, step-relations included, subject to a mortgage the recipient takes over (no recordation or State transfer tax on the mortgage balance, §§ 12-108(c) and 13-207(a)(2); any money paid is still taxed), deeds for no consideration (both taxes are measured by the consideration, §§ 12-103(a) and 13-203(a); a mortgage the recipient takes over counts as consideration unless the relatives rule applies, and some counties ask for a no-consideration affidavit), and transfers into a living trust, or from it to its beneficiaries, that meet Estates and Trusts Article § 14.5-1001 (no recordation or State transfer tax, §§ 12-108(ee) and 13-207(a)(23)).
Forms have to travel with the deed
Maryland requires Form AOC-CC-300, the State of Maryland Land Instrument Intake Sheet, with every deed (Md. Real Prop. Code § 3-104(g)). A deed with any consideration also needs each seller's residency certification, in the deed or on Comptroller Form WH-AR, or, for a nonresident seller, Form MW506NRS and payment. A deed that states zero consideration is exempt from the withholding rule (Md. Code, Tax-Gen. § 10-912(d)(6)).
Recording fees run $60 per document. Maryland sets the fee by statute, the same in every county: $20 to record a deed of 9 pages or fewer, or of any length if the property is solely a principal residence ($75 for a longer deed otherwise), plus the $40 land records surcharge, so $60 for a typical deed (Md. Real Prop. Code § 3-601(a)(2); Md. Cts. & Jud. Proc. Code § 13-604). It is charged per deed, not per page.
See how Maryland's transfer tax and recording fee compare with other states.
How to hold title in Maryland
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for married couples
A conveyance to a married couple in Maryland creates a tenancy by the entirety unless the deed says otherwise.
Where to record a deed in Maryland
Deeds are recorded with the Clerk of the Circuit Court (Land Records) in the county where the property is located. Maryland has 24 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Montgomery · Prince George's · Baltimore County · Anne Arundel · Baltimore City · Howard · Frederick · Harford · Carroll. all Maryland recording offices
Why deeds get rejected in Maryland
- Maryland requires a certification of preparation on the deed: it must state that the instrument was prepared by a Maryland attorney or by one of the parties named in it (Md. Real Prop. Code § 3-104(f)). Preparing it yourself is allowed, but the certification has to say so, and the person it names signs it. The Clerk will not record a deed without it.
- Deeds that change ownership must first be endorsed by the county's finance office or treasurer, certifying that the property taxes are paid (and, in many counties, collecting the recordation and county transfer tax), before the Clerk will record them (Md. Real Prop. Code § 3-104(a) and (b)). Get a lien certificate first: all current property taxes must be paid. A deed mailed straight to the Clerk without that endorsement cannot be recorded. A transfer-on-death deed and its revocation are the exception: the 2026 Act exempts them from that endorsement (Md. Real Prop. Code § 3-104(a)(1)(ii)).
- The Land Instrument Intake Sheet (Form AOC-CC-300) must accompany every deed (Md. Real Prop. Code § 3-104(g)(2)). For a transfer-on-death deed the Clerk may refuse to record it without one (Md. Real Prop. Code § 3-104(g)(6)(ii)).
- A Maryland deed for any consideration needs each seller's certification, under penalties of perjury, that the seller is a Maryland resident or that the property is the seller's principal residence, made in the deed or on Comptroller Form WH-AR recorded with it. Otherwise a nonresident seller files Form MW506NRS and pays withholding of 8.75% (individuals) or 8.25% (entities) of the seller's net proceeds before the Clerk records the deed. A deed that states zero consideration is exempt (Md. Code, Tax-Gen. § 10-912).
- If you claim a tax exemption, the deed itself must cite it by section, and so must Section 3 of the intake sheet (Md. Real Prop. Code § 3-104(g)(3)(vi)). Clerks such as Calvert's and Harford's charge the full tax when the deed does not cite the exemption.
- Maryland recognizes transfer-on-death deeds for owners who die on or after October 1, 2026, under the Maryland Transfer-on-Death Deed Act (Md. Real Prop. Code §§ 14-1001 to 14-1014). A TOD deed is exempt from recordation tax and from state and county transfer tax when the property is the owner's primary or secondary residence.
- Tenancy by the entirety is presumed for married couples and gives strong creditor protection.
- Maryland has 23 counties and Baltimore City, each with its own circuit court Land Records office (24 in all). Baltimore City is separate from Baltimore County.
From $29. Every Maryland rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Clerk of the Circuit Court (Land Records) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Maryland does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
$60 per document. Maryland also charges state transfer tax, recordation tax and county transfer tax at State transfer tax 0.5% of the consideration (0.25%, paid entirely by the seller, on a sale of an improved home to a first-time Maryland homebuyer who will live there and gives a sworn statement), plus recordation tax at the county's rate, from $2.50 per $500 (Baltimore County, Howard) to $7.00 per $500 (Frederick), with a premium on larger amounts in Montgomery, plus county transfer tax from none to 1.5% (Baltimore City 1.5%; Anne Arundel 1%, or 1.5% at $1 million or more; Prince George's 1.4%; Howard 1.25%; Montgomery 1%).
Yes. The statute is Md. Real Prop. Code §§ 14-1001 to 14-1014. It must be recorded before the owner's death to be effective.
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 transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Maryland recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.