What we prepare and record
A change of ownership in Maryland takes effect only when a new deed is signed and recorded. For each deed, we:
- Check the land records for how title is held today, the legal description, and any mortgages, liens or judgments that affect the transfer.
- Prepare the deed with the statements Maryland requires to record it, including the statement of what is paid (even when nothing is) and the certification of who prepared it.
- Check the taxes and claim each exemption that applies on the intake sheet the clerk requires.
- Arrange the signing before a notary: at our Glen Burnie office, or we come to you anywhere in Maryland at no extra cost.
- Record the deed with the clerk of the circuit court for the county where the property is, after the county confirms the property taxes are paid and endorses the deed. The recorded deed is returned to you.
Who prepares your deed, and who our client is
Maryland records a deed only if it carries a certification that a Maryland attorney prepared it or supervised its preparation, or that one of the people named in it prepared it. The deeds we prepare carry the attorney certification.
Calling us, or reading these pages, does not make you our client and does not create a lawyer-client relationship. Before any work starts, we tell you what we will prepare and record and what it will cost. A deed is often one part of a bigger plan, such as a will, a trust, an estate or a divorce settlement. For advice on that plan, you may also want your own attorney, and we are glad to work alongside them.
How it works
Tell us what you need
Who owns the property now, who should own it, and why. We explain the options and quote the cost.
We check the title
We confirm how title is held and look for loans, liens and judgments that affect the transfer.
We prepare the deed
With the right legal description, the way the new owners will hold title, and any tax exemption paperwork.
Everyone signs
The people giving the property sign the deed before a notary, at our Glen Burnie office or wherever suits you in Maryland, at no extra cost.
We record it
We pay the recording charges and any taxes due, and record the deed in the county land records.
Tidy up afterward
Update the homeowners insurance, and if a new owner will live in the home, apply for the Homestead tax credit.
After you sign
Signing is not the end of it. Here is what happens next.
- We send the deed for recordingThe county confirms the property taxes are paid, then the clerk of the circuit court records the deed. How long that takes depends on the county.
- The recorded deed comes back to youKeep it with your important papers. It is the record of who owns the home.
Questions in between? Call (410) 768-2300, Mon–Fri, 9–5, and ask where your deed stands.
Taxes on family transfers
Maryland’s recordation tax and state transfer tax are charged on the consideration: what is paid for the property, including any mortgage the new owner assumes. Many family deeds owe neither:
- Gifts. When nothing is paid and no loan is taken over, there is no price for these state taxes to apply to.
- Spouses and former spouses. A deed between them is not subject to recordation tax or the state transfer tax. The same applies to domestic partners and former domestic partners for a residential property, with the evidence of the partnership the law requires.
- Close relatives taking over a mortgage. When a home goes subject to a mortgage to a child, parent, brother or sister, grandchild, grandparent, stepchild, stepparent or in-law, the loan balance they take over is not counted.
- From an estate. No recordation, transfer or other State or local excise tax may be charged on a personal representative’s deed that transfers property without consideration.
County transfer taxes are set by each county’s own law and do not always follow the state rules, so we check the county’s rules before recording. For the rates on a sale, see Maryland’s transfer and recordation taxes by county.
Maryland points to know
A deed does not move the mortgage
A new deed changes who owns the home, not who owes the loan. Talk to us and to your lender before you transfer a home that still has a loan on it.
Tenancy by the entirety
Married couples in Maryland can own their home as tenants by the entirety. When one spouse dies, the other owns the whole home without probate.
Inheritance tax
Property passing at death to someone other than close family, such as a niece, nephew, cousin or friend, can owe Maryland inheritance tax of 10%. Spouses, children and grandchildren, parents, grandparents, and brothers and sisters are exempt.
Where deeds are recorded
In the county where the property is, even if you live elsewhere. Not sure which county? See which Maryland county your address is in.
Estates and inherited homes
When a homeowner dies, the deed usually comes from the estate’s personal representative, after the estate is opened with the Register of Wills. We search the title, prepare the personal representative’s deed to an heir or to a buyer, and record it, working alongside the estate’s lawyer if there is one. If the house is being sold, our guide for Maryland home sellers covers the rest of the sale.
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