Revocable Living Trusts in Maryland
How revocable living trusts work under Maryland law and the other ways to pass property without probate.
Short answer: Maryland adopted a version of the Uniform Trust Code, the Maryland Trust Act (Estates & Trusts Title 14.5). Md. Code, Estates & Trusts §§ 14.5-402, 14.5-602
| Revocable living trust | Maryland adopted a version of the Uniform Trust Code, the Maryland Trust Act (Estates & Trusts Title 14.5). A trust is created if the settlor has capacity, indicates an intent to create it, names a definite beneficiary (or it is a charitable, animal or permitted purpose trust), and the trustee has duties. For trusts created by instruments signed on or after January 1, 2015, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Assets avoid probate only if they are titled in the trust's name. |
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| Ways to avoid probate | Non-probate options include: transfer-on-death deeds for real property, for transferors dying on or after October 1, 2026 (Real Property §§ 14-1001 to 14-1014); securities registered in transfer-on-death (beneficiary) form (Estates & Trusts § 16-102); a revocable living trust (Estates & Trusts § 14.5-602); jointly titled vehicles passing to the surviving owner, and, starting October 1, 2026, a beneficiary designation on a jointly owned vehicle; and small estate administration for estates of $50,000 or less ($100,000 if the spouse is the sole heir or legatee) (Estates & Trusts § 5-601). Small estate administration is a simplified probate, not a way to skip probate entirely. TOD deed law: https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_750_sb0651t.pdf |
More Maryland estate law
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- Small Estate Affidavit in Maryland
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- Quitclaim Deeds and Transferring Property in Maryland
- Who Inherits If You Die Without a Will in Maryland
- How to Make a Valid Will in Maryland
- How Probate Works in Maryland
- Living Wills and Advance Directives in Maryland
- Executor Duties in Maryland
- Letters Testamentary in Maryland
- Affidavit of Heirship in Maryland
- How to Avoid Probate in Maryland
- Transferring a Car After Someone Dies in Maryland
- All Maryland wills, probate and estate rules
FAQ
How do living trusts work in Maryland?
Maryland adopted a version of the Uniform Trust Code, the Maryland Trust Act (Estates & Trusts Title 14.5). A trust is created if the settlor has capacity, indicates an intent to create it, names a definite beneficiary (or it is a charitable, animal or permitted purpose trust), and the trustee has duties. For trusts created by instruments signed on or after January 1, 2015, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Assets avoid probate only if they are titled in the trust's name.
How can you avoid probate in Maryland?
Non-probate options include: transfer-on-death deeds for real property, for transferors dying on or after October 1, 2026 (Real Property §§ 14-1001 to 14-1014); securities registered in transfer-on-death (beneficiary) form (Estates & Trusts § 16-102); a revocable living trust (Estates & Trusts § 14.5-602); jointly titled vehicles passing to the surviving owner, and, starting October 1, 2026, a beneficiary designation on a jointly owned vehicle; and small estate administration for estates of $50,000 or less ($100,000 if the spouse is the sole heir or legatee) (Estates & Trusts § 5-601).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.