A last will and testament in Maryland is an important legal document for anyone who wants to communicate how certain property should be distributed after death. It can also nominate a personal representative, nominate a guardian for a minor child, and address other matters permitted under Maryland law.

But a document does not become a valid Maryland will merely because it is titled “Last Will and Testament.” Maryland has specific requirements concerning who may make a will, how it must be signed, and how witnesses must participate.

Under Maryland Estates and Trusts §4-102, a person generally must be at least 18 years old and legally competent to make a will. A standard will must be in writing, signed by the testator or by another person acting under the statutory requirements, and attested and signed by at least two credible witnesses.

Maryland also has provisions for electronic and remotely witnessed wills, so the rules can be more detailed when a traditional in-person signing is not being used.

What Is a Last Will and Testament in Maryland?

A last will and testament is a legal document that expresses a person’s wishes concerning property and certain other matters after death.

In Maryland, a will can generally be used to:

  • Identify beneficiaries
  • Leave specific property to particular people
  • Direct distribution of the remainder of an estate
  • Nominate a personal representative
  • Nominate a guardian for a minor child
  • Revoke or revise an earlier will
  • Expressly exclude or limit certain individuals from intestate succession where legally permitted

Maryland’s statutory definition of a will specifically includes a testamentary record that directs disposition of property, appoints a personal representative, nominates a guardian, or performs certain other testamentary functions.

A will does not necessarily control every asset a person owns. Certain property may pass through beneficiary designations, joint ownership, trusts, contracts, or other legal arrangements.

That distinction is important when preparing a Maryland will.

Who Can Make a Will in Maryland?

Maryland law establishes two basic requirements concerning the person making a will.

The Person Must Be at Least 18

Maryland Estates and Trusts §4-102 states that a person may make a will if the person is 18 years of age or older and legally competent to make a will.

The Person Must Be Legally Competent

Age alone is not the only consideration.

The person making the will must have the legal capacity necessary to understand what they are doing.

If there are concerns about mental capacity, undue influence, pressure from another person, or confusion about the document, obtaining legal advice before execution can be particularly important.

Maryland Last Will and Testament Requirements

Understanding the execution requirements is one of the most important parts of creating a Maryland will.

The Will Must Be in Writing

Maryland generally requires a will to be in writing. The statute contains specific provisions for electronic wills and remotely witnessed wills, but those arrangements must satisfy their statutory requirements.

A casual verbal statement should therefore not be treated as an ordinary Maryland will.

The Testator Must Sign

The person making the will generally must sign it.

Maryland law also permits another person to sign for the testator under specified circumstances, provided the person signs in the testator’s physical presence and at the testator’s express direction.

Two or More Witnesses Are Required

For an ordinary Maryland will, at least two credible witnesses must attest and sign the document in the presence of the testator.

This is one of the most important practical requirements.

Simply signing a document by yourself is not enough for a standard Maryland will.

The Will Should Be Dated

Maryland Courts advises that a will or codicil should be dated, even though the precise legal consequences of dating can depend on the circumstances.

Using a clear date is also helpful when someone has executed multiple estate documents over time.

Who Can Witness a Maryland Will?

Maryland law requires credible witnesses for a standard will.

Maryland Courts explains that at least two credible witnesses must sign the will in the presence of the person making it. The court also recommends that witnesses print their names clearly and provide their addresses.

As a practical matter, selecting responsible adults who have no personal interest in the estate can help avoid unnecessary questions later.

If there is uncertainty about whether a particular person is suitable to act as a witness, professional legal advice can be useful.

Does a Maryland Will Need to Be Notarized?

A standard Maryland will does not become valid merely because it is notarized.

The basic execution rules focus on the written will, the testator’s signature, and the required witnesses.

However, notarization can be important when using Maryland’s self-proving will procedure.

This distinction is worth remembering:

A notary does not replace the ordinary witness requirement.

Instead, a notarial procedure can be used to establish the necessary affidavits for a self-proving will.

What Is a Self-Proving Will in Maryland?

A self-proving will is a properly executed will accompanied by evidence designed to establish the validity of its execution without requiring the subscribing witnesses to later provide ordinary testimony.

The practical benefit is convenience during probate.

If a will is self-proved correctly, the estate administration process may be easier because the court can rely on the statutory self-proving documentation rather than requiring witnesses to establish the execution of the will in the ordinary way.

A person should use the Maryland statutory procedure rather than assuming that simply taking a signed will to a notary automatically makes it self-proving.

How to Make a Will in Maryland

Creating a Maryland will can be approached systematically.

Step 1: Identify Your Beneficiaries

Start by deciding who should receive the property covered by your will.

Possible beneficiaries include:

  • Spouse
  • Children
  • Other relatives
  • Friends
  • Charitable organizations

Use clear names and descriptions.

If two people have similar names, additional identifying information may help prevent confusion.

Step 2: Create an Asset Inventory

Make a basic list of significant property.

This may include:

  • Real estate
  • Bank accounts
  • Investment accounts
  • Vehicles
  • Business interests
  • Jewelry
  • Valuable personal property
  • Collections

Also identify assets that have beneficiary designations.

This prevents the common mistake of assuming that the will automatically controls every asset.

Step 3: Choose a Personal Representative

Your will can nominate the person you want to handle the administration of your estate.

Maryland uses the term personal representative for the individual who administers the estate.

Choose someone who is trustworthy, organized, financially responsible, and capable of dealing with legal and administrative tasks.

It is also sensible to consider an alternate choice.

Step 4: Consider Guardian Provisions

If you have minor children, consider whether you want to nominate someone as guardian.

Think carefully about:

  • Their relationship with your children
  • Their ability to provide care
  • Their stability
  • Their willingness to accept the responsibility

A guardian nomination expresses your wishes, but the legal process can involve court involvement and other considerations.

Step 5: Decide on Specific Gifts

You may want certain people to receive particular items or amounts.

For example:

  • A vehicle to a child
  • Jewelry to a relative
  • A cash gift to a friend
  • A specific personal possession to a beneficiary

Describe important gifts clearly.

Step 6: Address the Remainder of Your Estate

After specific gifts are considered, your will should address what happens to the property that remains.

This is commonly handled through a residuary provision.

A clear residuary clause can reduce uncertainty about property that was not individually listed.

Step 7: Review the Entire Document

Before signing, carefully review:

  • Your name
  • Beneficiary names
  • Executor or personal representative information
  • Specific gifts
  • Residuary provisions
  • Guardian provisions
  • Any special instructions

Make sure the document says what you actually intend.

Step 8: Sign With Two Witnesses

For a standard Maryland will, arrange a signing ceremony that complies with the statutory witness requirements.

The two or more credible witnesses must attest and sign in the testator’s presence.

Step 9: Consider Self-Proving the Will

If appropriate, complete the Maryland self-proving procedure.

This can make later probate administration more convenient.

Step 10: Store the Original Safely

Once the will has been executed, keep the original in a secure but accessible location.

Your personal representative needs to be able to locate it after your death.

Can You Write Your Own Will in Maryland?

Yes, a person can prepare a will without hiring a lawyer, but the document still needs to comply with Maryland law.

Maryland Courts states that a will should conform to all applicable legal requirements and advises that having a will prepared by an attorney is advisable.

A self-prepared will can become risky when the person does not understand Maryland’s execution requirements or has complicated circumstances.

Potential problems include:

  • Missing witnesses
  • Incorrect signing procedures
  • Unclear beneficiary provisions
  • Conflicts with an earlier will
  • Unclear property descriptions
  • Improper amendments
  • Failure to account for non-probate assets

For a simple estate, a person may be able to use a suitable form or prepare a straightforward will. More complicated situations deserve greater care.

Should You Hire a Lawyer for a Maryland Will?

You do not necessarily need a lawyer simply because you want a will.

However, professional advice can become particularly valuable when the estate or family situation is complicated.

Consider speaking with a Maryland estate-planning attorney if you have:

A Blended Family

Children from different relationships, remarriage, or complicated family relationships can make beneficiary provisions more difficult.

Significant Assets

A larger estate may contain real estate, investments, business interests, and other property requiring careful coordination.

A Business

Business ownership may involve succession and ownership issues that a basic will form does not adequately address.

Property in Multiple States

Owning real estate outside Maryland can introduce additional legal considerations.

A Potential Will Contest

If you expect someone to challenge your wishes, professional drafting and careful execution may be particularly important.

An Existing Will

If you already have a will, do not simply create a new one without understanding what happens to the previous document.

Maryland Electronic and Remotely Witnessed Wills

Maryland law now contains specific provisions concerning electronic wills and remotely witnessed wills.

This is an area where people should be particularly careful because an electronic will is not simply an ordinary PDF with an electronic signature.

Maryland defines an electronic will as a will containing one or more electronic signatures that is executed according to the statutory requirements.

The current statute establishes detailed requirements concerning:

  • Electronic presence
  • Electronic signatures
  • Witnesses
  • The testator’s location
  • Witness locations
  • Certified paper versions
  • Notarial procedures
  • Supervising attorneys in certain circumstances

For example, Maryland’s statute provides detailed procedures for electronic or remotely witnessed wills and requires specific certification steps.

Why Electronic Wills Require Extra Care

A person should not assume that signing a digital document through an ordinary electronic-signature platform automatically creates a valid Maryland electronic will.

The statutory process must be followed.

If you are considering an electronic or remotely witnessed will, consulting a Maryland attorney familiar with the current rules can help prevent execution problems.

What Happens to a Maryland Will After Death?

After someone dies, the will becomes relevant to the administration of the person’s estate.

Maryland Courts explains that the Register of Wills provides information about wills and probate and that estate-opening paperwork is filed with the local Register of Wills office.

Depending on the estate, the probate process can involve:

  1. Presenting the will
  2. Opening the estate
  3. Appointing a personal representative
  4. Identifying estate assets
  5. Addressing debts and taxes
  6. Notifying interested persons
  7. Distributing property according to the will and applicable law

The exact process depends on the circumstances of the estate.

Where Can You Store a Maryland Will?

Maryland law allows a will to be deposited for safekeeping with the Register of Wills in the county where the testator resides, subject to the statutory procedure and required fee.

This provides an option for people who want an official safekeeping arrangement.

You can also use another secure storage method, but make sure your personal representative or trusted family members know where the original will can be found.

The most beautifully drafted will is of little practical value if nobody can locate the original after death.

What If You Have More Than One Will?

People sometimes create a new will without properly dealing with an earlier document.

That can create confusion.

Maryland Courts notes that many wills contain provisions revoking prior wills, meaning the latest valid will may generally become the operative document, but all original wills found after death should be presented to the Register of Wills.

Maryland law also establishes specific circumstances in which a will can be revoked, including through a subsequent valid will or certain acts involving the existing document.

If you want to replace an old will, use a legally appropriate revocation or replacement process rather than simply throwing away the old document.

What Happens If You Die Without a Will in Maryland?

Dying without a valid will is generally referred to as intestacy.

When someone dies intestate, Maryland’s intestacy laws determine who is entitled to inherit rather than the person’s own instructions in a valid will.

This can produce a very different result from what the person intended.

For example, someone may assume that a close friend, unmarried partner, or particular relative will automatically inherit property, even though the applicable intestacy rules may not provide that result.

Creating a valid will allows you to communicate your wishes for property covered by the document.

Common Maryland Will Mistakes to Avoid

Using Only Your Signature

A standard Maryland will generally requires at least two credible witnesses.

Assuming a Notary Replaces Witnesses

Notarization and witnessing serve different functions.

Using a Generic Out-of-State Form

A form prepared for another jurisdiction may not reflect Maryland’s requirements.

Signing Without Following the Required Ceremony

Witness presence and signing requirements matter.

Making Informal Handwritten Changes

Do not assume that crossing out words or writing new provisions onto an executed will automatically produces a legally effective amendment.

Forgetting About Non-Probate Assets

Some assets may transfer outside the will.

Keeping the Original Hidden

Your personal representative needs to know where the original document is located.

Failing to Review the Will

Major life changes can justify reviewing your estate documents.

These may include:

  • Marriage
  • Divorce
  • Birth or adoption
  • Death of a beneficiary
  • Death or incapacity of a personal representative
  • Major changes in property
  • Moving to another state

Maryland Will Requirements Checklist

Before considering a Maryland will complete, review the following:

  • The testator is at least 18 and legally competent.
  • The will is properly written.
  • The testator has signed appropriately.
  • At least two credible witnesses are available.
  • The witnesses sign according to Maryland requirements.
  • Beneficiaries are clearly identified.
  • Specific gifts are clearly described.
  • A personal representative has been selected.
  • An alternate personal representative has been considered.
  • Guardian provisions have been considered if applicable.
  • A self-proving procedure has been considered.
  • The original will is stored securely.
  • Trusted people know where the original is located.
  • The document will be reviewed after major life changes.

This is a practical checklist, not a substitute for legal advice.

Frequently Asked Questions

What are the requirements for a will in Maryland?

A standard Maryland will generally must be in writing, signed by the testator or under the statutory alternative, and attested and signed by at least two credible witnesses in the testator’s presence. The testator must generally be at least 18 and legally competent.

How many witnesses are required for a Maryland will?

A standard Maryland will requires two or more credible witnesses. The witnesses must attest and sign in the presence of the testator.

Does a Maryland will have to be notarized?

Not for the basic execution of a standard will. Maryland’s ordinary requirements focus on the written will, signature, and witnesses. Notarization can be part of the procedure for making a will self-proving.

Can I write my own will in Maryland?

Yes, you can prepare your own will, but it still needs to comply with Maryland law. Maryland Courts advises that a will conform to all applicable requirements and says having one prepared by an attorney is advisable.

Can I make an electronic will in Maryland?

Yes. Maryland law recognizes electronic and remotely witnessed wills, but they are subject to detailed statutory requirements concerning electronic presence, signatures, witnesses, certification, and other procedures.

Can a will be stored with the Maryland Register of Wills?

Yes. Maryland law permits a will to be deposited for safekeeping with the Register of Wills in the county where the testator resides, subject to statutory requirements and the applicable fee.

What happens to a will after someone dies in Maryland?

The will may be presented as part of opening and administering the estate. Maryland Courts states that the local Register of Wills provides information about opening estates, wills, and probate.

Can I change my Maryland will later?

A will can be revoked or replaced through legally recognized methods. Maryland law provides several statutory methods of revocation, including a subsequent valid will and certain physical acts involving the document.

What happens if I die without a will in Maryland?

If you die without a valid will, Maryland’s intestacy laws determine who may inherit your probate property. The result may differ from what you would have chosen yourself.

Should I hire a lawyer to make a Maryland will?

You do not necessarily have to hire a lawyer, but professional assistance can be especially valuable when you have significant assets, a blended family, business interests, property in multiple states, or concerns about a future dispute.

Final Thoughts

A last will and testament in Maryland needs to do more than communicate your wishes. It must also be executed according to Maryland law.

For a standard will, Maryland generally requires a written document, appropriate signature, and at least two credible witnesses. Maryland also provides self-proving procedures and detailed rules for electronic and remotely witnessed wills.

If your circumstances are straightforward, you may be able to prepare a will yourself. But if your family or financial situation is complicated, working with a Maryland estate-planning attorney can help you address issues that a generic form may not cover.

Pay particular attention to the execution ceremony, witness requirements, storage of the original document, and coordination between the will and assets that pass outside it.

The goal is not simply to create a document. It is to create a clear, properly executed Maryland will that can be located and administered when it is needed.

Legal Information Notice: This article provides general educational information about Maryland wills and probate. It is not legal advice and does not create an attorney-client relationship. Maryland law can change, and the correct approach depends on individual circumstances. Consult a qualified Maryland attorney for advice about your specific situation.

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