How do I make a valid will in Maryland?

Question

Accepted Answer

Maryland wills are governed by Md. Code, Estates and Trusts Article, Title 4.

1. Testator Requirements

Age: 18 or older (Md. Code Est. & Trusts § 4-101).

Capacity: Legally competent to make a will (sound mind).

2. Witness Requirements (Md. Code Est. & Trusts § 4-102)

In writing.

Signed by the testator (or by another at the testator's express direction).

Attested and signed by 2 or more credible witnesses in the presence of the testator.

3. Notarization / Self-Proving

Maryland has historically not had a self-proving affidavit statute making wills self-proved by notary. Witnesses typically must appear or provide an affidavit at probate. Recent legislation (effective Oct. 2023, § 4-102(c)) allows for a self-proving affidavit form, but check current Register of Wills practice.

4. Holographic Wills (Md. Code Est. & Trusts § 4-103)

Generally not valid in Maryland. EXCEPTION: A holographic will made by a person serving in or with the U.S. armed forces is valid if signed; it is void 1 year after discharge unless the testator dies within that year or lacks capacity.

5. Foreign Wills

A will valid under the law of the place where executed or where the testator was domiciled is recognized (§ 4-104).

6. Electronic Wills

Maryland adopted the Maryland Electronic Wills Act in 2023 (§ 4-102.1), permitting electronic wills with electronic signatures and remote witnessing under specific conditions.

7. Interested Witnesses

A beneficiary-witness's gift is void to the extent it exceeds intestate share unless 2 other disinterested witnesses signed (§ 4-105).

8. Intestacy (No Will)

Md. Code Est. & Trusts § 3-102: Spouse + minor children — spouse takes 1/2. Spouse + adult children — spouse takes first $40,000 + 1/2 of balance. Spouse + parent (no descendants) — spouse takes first $40,000 + 1/2 of balance.

9. Small Estate Threshold

Maryland's small estate procedure is available for estates with assets valued at $50,000 or less ($100,000 if spouse is sole heir) (Md. Code Est. & Trusts § 5-601).

This is legal information, not legal advice.