Maryland Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and who administers your estate (the personal representative, also called executor) after you die. It can also name a guardian for minor children.

2. 2

   Maryland requires two credible witnesses. Under Md. Code, Est. & Trusts Section 4-102, a will must be attested and signed by two or more credible witnesses in the testator's physical presence. Maryland's statute contains no provision voiding or reducing a gift to a witness-beneficiary, but using an interested witness can still expose a gift to challenge, so choosing disinterested witnesses is the safer practice.

3. 3

   Maryland has no self-proving affidavit statute. Unlike states that use a notarized self-proving affidavit to streamline probate, Maryland's Estates and Trusts Article prescribes only the writing, testator-signature, and two-witness formalities. A properly attested will is instead treated as self-proved for probate without a separate notarized affidavit.

4. 4

   Maryland does not recognize ordinary handwritten wills. A holographic (handwritten, unwitnessed) will is valid only in the narrow case of a testator serving in the U.S. armed services who signs it outside a U.S. state, D.C., or a U.S. territory (Md. Code, Est. & Trusts Section 4-103), and even then it becomes void one year after discharge unless the testator has died or lacks capacity by then.

5. 5

   No notary is required for an ordinary will. A conventional Maryland will is validly executed with the testator's signature plus two credible witnesses signing in the testator's physical presence. Notarization applies only to Maryland's separate optional electronic/remotely witnessed certified-will procedures.

6. 6

   You must be 18 and legally competent. Md. Code, Est. & Trusts Section 4-102(a) allows any person 18 years of age or older who is legally competent to make a will. Maryland case law adds the traditional sound-mind elements: understanding the nature of making a will, recollecting your property, and knowing the natural objects of your bounty.

7. 7

   A will can be revoked several ways. Under Md. Code, Est. & Trusts Section 4-105, a will may be revoked by a later validly executed will, by burning, cancelling, tearing, or obliterating it, or (as to a surviving spouse's provisions only) by an absolute divorce or annulment after execution.

Maryland Requirements for Last Will and Testament

• Sign With Two Credible Witnesses

  A Maryland will must be attested and signed by two or more credible witnesses in the testator's physical presence, under Md. Code, Est. & Trusts Section 4-102. Without two qualifying witnesses signing in your physical presence, the will is not validly executed.

• A Beneficiary May Witness, But It Is Risky

  Maryland's statute contains no provision voiding or reducing a gift to a witness who is also a beneficiary, so an interested witness does not automatically forfeit a gift. Even so, using a disinterested witness is safer, since an interested witness can still expose the gift to an undue-influence challenge.

• No Notary Is Required for an Ordinary Will

  A conventional Maryland will is validly executed with the testator's signature plus two credible witnesses signing in the testator's physical presence under Section 4-102; no notary is required. Notarization applies only to Maryland's separate optional electronic and remotely witnessed certified-will procedures.

• Maryland Has No Self-Proving Affidavit

  Maryland's Estates and Trusts Article contains no statutory self-proving-affidavit form. A properly attested will is instead treated as self-proved for probate through its attestation clause, without a separate notarized affidavit.

• Handwritten Wills Are Not Recognized, With One Exception

  Maryland does not recognize an ordinary handwritten (holographic) will. The sole exception under Md. Code, Est. & Trusts Section 4-103 is a will entirely in the handwriting of a testator serving in the U.S. armed services and signed outside a U.S. state, D.C., or a U.S. territory, and it becomes void one year after discharge unless the testator has died or then lacks testamentary capacity.

• Be 18 and Legally Competent

  Any person 18 years of age or older who is legally competent may make a will in Maryland, under Md. Code, Est. & Trusts Section 4-102(a). Maryland case law adds the traditional sound-mind elements: understanding you are making a will, recollecting your property, and knowing the natural objects of your bounty.

• Revoke a Will by a Later Will or Physical Act

  Under Md. Code, Est. & Trusts Section 4-105, a Maryland will may be revoked by a later validly executed will that revokes it, or by burning, cancelling, tearing, or obliterating it, done by the testator or by another person in the testator's presence and at the testator's express direction and consent.

• Divorce Revokes Only the Former Spouse's Provisions

  An absolute divorce or annulment occurring after a Maryland will is executed automatically revokes only the provisions in the will relating to the former spouse, under Md. Code, Est. & Trusts Section 4-105, unless the will or the divorce decree provides otherwise. The rest of the will remains in effect.