Maryland: Do I need a transfer-on-death deed or payable-on-death designation if my will leaves everything to my daughter? | Maryland Probate | FastCounsel
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Maryland: Do I need a transfer-on-death deed or payable-on-death designation if my will leaves everything to my daughter?

Do I still need a transfer-on-death deed or payable-on-death designation if my will leaves everything to my daughter?

Short answer

No — your will names who should get your property through probate, but it does not replace transfer-on-death (TOD) deeds or payable-on-death (POD) beneficiary designations. TOD/POD tools and jointly titled ownership transfer property outside probate. If you want assets to pass automatically to your daughter without probate, you must use the right non‑probate title or beneficiary form for each asset.

Detailed answer — how Maryland law treats wills, TOD/POD, and titled property

Start with one key distinction: a will controls what happens to assets that are subject to probate. It does not automatically change who legally owns assets that already have their own transfer rules. Under Maryland practice, real property, bank and brokerage accounts, retirement plans, life insurance policies, vehicles, and jointly owned property can pass at death outside of probate if they carry a valid beneficiary designation, are held in joint tenancy with right of survivorship, or use a statutory transfer device (for example, a beneficiary or transfer-on-death deed where available and properly executed).

Practical consequences:

  • Real property owned solely in your name: If you only have a will that leaves your property to your daughter, the property generally must go through probate for the will to be effective. A properly executed and recorded transfer-on-death or beneficiary deed (if used in Maryland for the type of property you own) can pass real property directly to the designated beneficiary without probate.
  • Bank and brokerage accounts: If you complete a POD/TOD beneficiary designation with the bank or brokerage, the funds transfer directly to the named beneficiary at death and avoid probate. A will does not override a valid POD/TOD designation.
  • Retirement accounts and life insurance: These generally pass to the named beneficiary regardless of what the will says, subject to plan terms and federal rules (e.g., ERISA for many employer plans).
  • Joint tenancy and ownership with rights of survivorship: These interests pass automatically to the surviving co‑owner(s) and avoid probate.

Why this matters in Maryland:

  • If you want your daughter to receive certain assets quickly and outside the probate process, you must use the title/beneficiary mechanism that applies to each asset. Simply stating in your will that everything goes to your daughter will not avoid probate for assets titled only in your name.
  • Recording a beneficiary deed or signing POD/TOD forms must follow state and institutional rules to be effective. If an instrument is defective or not timely recorded, the asset may still have to go through probate or pass according to other default rules.

Resources: For general Maryland information about wills, probate, and estate planning see the Maryland Courts’ Legal Help pages: https://www.mdcourts.gov/legalhelp/estateplanning. For vehicle title and transfer questions, check the Maryland Motor Vehicle Administration: https://mva.maryland.gov/Pages/default.aspx.

Common scenarios and what usually happens

Scenario A — Solely owned house + will naming daughter

Outcome: The house will normally go through probate so the court can transfer title to your daughter under the will. If you want to avoid probate, you can consider a beneficiary/transfer-on-death deed (if appropriate for your situation) or joint ownership, but each option has pros and cons (see risks below).

Scenario B — Bank account with POD beneficiary named

Outcome: The bank pays the named POD beneficiary directly at death. The will generally does not change that transfer.

Scenario C — Retirement account or life insurance naming your daughter

Outcome: The beneficiary designation governs. The funds pass to the named beneficiary under the plan or policy, regardless of the will (subject to plan rules and federal law where applicable).

Pros and cons of using TOD/POD designations instead of relying on a will

  • Pros: Avoids probate delays and fees; immediate transfer to the beneficiary; generally simple to set up for bank and investment accounts.
  • Cons: Beneficiary designations can create unintended results if you forget to update them after a life change. They also provide less control (for example, no court supervision if conflicts arise) and can complicate creditor or Medicaid planning because assets that pass outside probate may still be reachable by creditors or count in benefit eligibility calculations.

Steps to take now — practical checklist

  1. Make an inventory of your assets and note how each is titled (sole name, joint tenancy, POD/TOD beneficiary, retirement beneficiary, etc.).
  2. Decide which assets you want to pass outside probate and which you’re comfortable having handled by your will and by probate.
  3. For bank and investment accounts, review and update POD/TOD beneficiary forms with the institution.
  4. For real property, consult a Maryland attorney about whether a beneficiary (TOD) deed or other device is appropriate and how to record it correctly.
  5. Coordinate beneficiary designations with your will so documents don’t conflict; if they conflict, the non‑probate designation typically controls for that asset.
  6. Consider tax, creditor, and Medicaid implications before changing ownership or adding beneficiaries.
  7. Review beneficiary designations after major life events (marriage, divorce, birth, death).

When to get legal help

Talk with a Maryland estate planning or probate attorney if you have any of the following:

  • Real property you want to remove from probate without unintended consequences;
  • Complex assets (business interests, out‑of‑state property, sizable retirement accounts);
  • Concerns about Medicaid planning, creditor claims, or contested beneficiary arrangements;
  • You want to ensure beneficiary deeds or POD/TOD forms are drafted and recorded correctly in Maryland.

Helpful Hints

  • Do not assume a will overrides beneficiary forms or joint ownership — it usually does not.
  • For bank accounts, a signed POD form with the bank typically controls the account transfer at death.
  • For real estate, record any beneficiary deed carefully and confirm Maryland’s recording requirements with a local attorney or title company.
  • Keep copies of beneficiary forms and recorded deeds with your estate‑planning documents and tell your daughter where they are kept.
  • Update beneficiary designations after major life events to avoid unintended beneficiaries.
  • Avoid naming minor children as direct beneficiaries without setting up a trust — a guardian or court process may be required.
  • Consider the effect of non‑probate transfers on creditor claims and on eligibility for public benefits like Medicaid.

Disclaimer: This article explains general Maryland concepts and is for education only. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Maryland attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.