Montgomery County Transfer on Death Deed (Married Owners as Tenants by the Entirety, Primary and Alternate Beneficiaries) Form

Two deaths stand between the day Maryland spouses who hold title by the entirety record a transfer on death deed and the day it operates. It waits through the first death, when the property belongs to the surviving spouse, and takes effect at the second, and the longer that interval runs, the likelier it is that a beneficiary named at the start is gone by the end. This form is the Maryland TOD deed built for that interval: two owners married to each other and holding as tenants by the entirety, both signing one deed under Title 14, Subtitle 10 of the Real Property Article, with a primary tier and an alternate tier of beneficiaries.

A designation measured from the second death

Section 14-1001(d) names a tenant by the entirety as a joint owner, and Section 14-1009(d) gives the property to the surviving joint owner at the first death and makes the deed effective on the death of the last surviving joint owner. Survival is measured against that death: Section 14-1009(a)(2) transfers the interest to a designated beneficiary who survives the transferor, and the interest of one who fails to survive lapses. A child who outlives one parent but not the other has, under that rule, failed to survive. The alternate tier is the deed's answer: the same subsection transfers the interest to a surviving alternate designated beneficiary where the primary does not survive, and the deed carries both tiers in the statutory form's own sentences.

What the entireties estate adds

Neither spouse alone can convey or sever an entireties estate, so each spouse is a transferor and both sign, and the deed states the sequence in its operative section: the property belongs to the surviving owner at the first death, and the deed is effective on the death of the last surviving owner. Under Section 14-1008(c) a deed by joint owners is revoked only by all living joint owners; a revocation is a separate instrument, recorded on its own and not included in this package. Where the beneficiaries are children or other relatives rather than either spouse, the divorce revocation rule the Act borrows from the Estates and Trusts Article has no spouse provision to reach; an absolute divorce instead ends the entireties estate and leaves the former spouses as tenants in common.

Two spouses, two tiers, one deed

Fixed text in the owner section recites that the two owners named are married to each other and hold the described property as tenants by the entirety, and a source of title section identifies the vesting deed. It carries two signature blocks beside the (SEAL) notation the statutory form prints, two acknowledgment certificates in the State Government Section 18-216(b) short form, and the party preparer certification Section 3-104(f) requires. Each tier receives a natural person, a trust through its trustee, or an entity, with the Act's note that multiple beneficiaries in a tier take as joint tenants with rights of survivorship unless the deed indicates another form of ownership. It is not set up as a deed by one owner, by two owners not married to each other, by a pair whose vesting deed carries joint tenancy words, or by a trustee, an entity, or an attorney-in-fact. Spouses who name an adult child in the primary tier and that child's own children in the alternate tier, and a couple without children who name one spouse's sibling first and a charity second, present the pattern this deed recites.

Recording while both spouses are living

Under Section 14-1006 the deed has effect only once recorded, before the transferor's death, with the clerk of the circuit court for the county, or Baltimore City, where the land lies; the enacted form's notice at the head of the deed says so in the General Assembly's words. The Land Instrument Intake Sheet accompanies the deed as a separate form, since Section 3-104(g)(6)(ii) lets the clerk refuse a transfer on death deed presented without one. A deed of the spouses' primary or secondary residence is exempt from recordation tax and from State and county transfer tax under the Act's Tax-Property amendments; the recording fee and land records surcharge still apply.

The package includes the fillable transfer on death deed as a PDF, a completed example for a Washington County fact pattern in which two spouses name their two children as primary beneficiaries and a granddaughter as the alternate, and a plain-language guide covering each section, signing, and recording. The materials are informational and are not legal advice.