Last Will And Testament requirements in Maryland
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of at least two witnesses.
- The witnesses must sign in your presence and in each other's presence.
- Certain individuals, such as beneficiaries, should not serve as witnesses to avoid conflicts.
- For real estate, the will should be acknowledged before a notary public to be eligible for recording.
How to create a Last Will And Testament in Maryland
- List your assets, including property, bank accounts, investments, and personal belongings, to decide who gets what.
- Choose an executor who will manage your estate, and discuss their role with them.
- Draft your will using a template or with legal assistance, clearly naming beneficiaries and alternate beneficiaries.
- Sign your will in the presence of two witnesses, and have them sign as well.
- Have your will notarized (optional but recommended) to simplify the probate process.
- Store your will in a safe place, such as a fireproof safe or with your attorney, and tell your executor where it is.
What a Last Will And Testament typically costs
The cost of a will in Maryland varies. Using an online will template can cost as little as $50 to $100, while hiring an estate planning attorney typically ranges from $300 to $1,000 depending on complexity. Filing the will with the court after death incurs a small fee, but creating the will itself has no state filing fee.
Ready to protect your legacy? Start your Maryland last will and testament today with our trusted templates and guidance.
Create your last will and testamentBefore You Begin: Maryland Will Checklist
Drafting a valid will in Maryland requires careful preparation. Use this checklist to gather what you need and avoid common mistakes before you start.
- List your assets and debts, including real estate, bank accounts, investments, retirement plans, life insurance, and personal property.
- Decide on your beneficiaries and an alternate beneficiary for each gift, considering what happens if they pass away before you.
- Choose an executor (personal representative) and at least one alternate who is willing to serve; Maryland requires the appointment in your will.
- Have two competent adult witnesses ready to sign your will at the same time you do; they must not be beneficiaries.
- Be prepared to sign your will in the presence of your witnesses—Maryland does not require notarization for validity, but notarizing the self-proving affidavit simplifies probate.
- Store the original signed will in a safe place and tell your executor where it is; the original must be filed with the register of wills court after your death.
Frequently asked questions
What are the legal requirements for a will to be valid in Maryland?
In Maryland, you must be at least 18, of sound mind, and the will must be in writing with your signature and the signatures of two witnesses who watched you sign. It's recommended to have the will notarized for real estate purposes.
Can I write my own will without a lawyer in Maryland?
Yes, you can use a will template or write your own, as long as it meets Maryland's requirements. However, if your estate is complex or you want to minimize the risk of challenges, consulting an estate planning attorney is wise.
What happens if I die without a will in Maryland?
If you die intestate (without a will), Maryland's intestacy laws distribute your assets to your closest relatives under a specific formula. This may not match your wishes and can be slower, so creating a will gives you control.
Is a living will the same as a last will and testament?
No. A living will (advance directive) covers your healthcare decisions if you become incapacitated, while a last will and testament deals with asset distribution after death. Both are part of estate planning but serve different purposes.