Maryland property deeds
Deed rules are state law, and Maryland's differ from its neighbours 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%
- First-page margin
- 3″ top
- Recording fee
- ~$20 first page
- E-recording
- Generally available
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. | No |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| 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 |
Maryland does not recognize transfer-on-death deeds and lady bird deeds. Recording one here wouldn't achieve what you want.
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 for every signature |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Maryland document formatting rules
Circuit court clerks in Maryland expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
Maryland transfer tax and recording fees
Maryland charges State transfer tax plus county recordation tax at 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. Customarily paid by the negotiated.
Common exemptions: transfers between spouses or former spouses under a divorce decree, transfers between parent and child, and gifts with no consideration.
A form has to travel with the deed
Maryland requires Maryland Intake Sheet; Form MW506NRS for non-resident sellers with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $20 for the first page. Plus a $40 state surcharge on most instruments.
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. Most offices accept e-recording through a submitting service, which is usually same-day.
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 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.
From $39. 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 living trust 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.
About $20 for the first page. Maryland also charges state transfer tax plus county recordation tax at 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.
No. Maryland is not among the 32 states plus DC that authorise a transfer-on-death deed. The usual alternatives here are a revocable living trust or survivorship titling.
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.
- 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
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.