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Maryland Last Will and Testament

Maryland wills need 2 credible witnesses to sign, not a notary. Free will template with executor, bequest, and residuary clauses. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for minor children. In Maryland, a valid will must be in writing, signed by the testator (the person making the will), and attested and signed by two or more credible witnesses in the testator's physical presence, under Md. Code, Est. & Trusts Section 4-102. No notary is required to make an ordinary paper will valid; notary involvement in Maryland arises only for the state's optional electronic and remotely witnessed 'certified will' procedures, not for a conventional signed paper will. Maryland has no statutory self-proving affidavit, unlike many states, so there is no notarized form that pre-authenticates the will; a properly witnessed will is instead admitted to probate using its attestation clause. Maryland does not recognize an ordinary handwritten (holographic) will; the only exception 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 territory. Any person 18 or older who is legally competent may make a will. Attorney review is available as an option before you sign.

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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.

Key decisions before you file

Before you file a Last Will and Testament in Maryland, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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MARYLAND LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Maryland, being 18 years of age or older and legally competent to make a will under Md. Code, Est. & Trusts Section 4-102(a), declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], Maryland, as personal representative (executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall serve without bond to the extent permitted by law.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of money, personal property, and real property, and the names of the beneficiaries who receive them.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have minor children at my death, I appoint [GUARDIAN NAME] as guardian of the person and property of my minor children. If that person is unable or unwilling to serve, I appoint [SUCCESSOR GUARDIAN NAME]. This appointment applies only if a guardian is needed at my death and does not affect any surviving parent's existing parental rights.

  6. ATTESTATION I sign this will on [DATE] in [CITY], Maryland, in the presence of the two witnesses below, who at my request and in my presence and the presence of each other, sign as witnesses. Md. Code, Est. & Trusts Section 4-102 requires a Maryland will to be attested and signed by two or more credible witnesses in the testator's physical presence.

[TESTATOR NAME], Testator

We, the undersigned, certify that the testator signed this instrument in our presence, declared it to be the testator's will, and that we, at the testator's request and in the testator's presence and in the presence of each other, sign below as witnesses. We believe the testator to be of sound mind and under no constraint or undue influence.

Witness 1: _____________________________ Signature Print name: ______________________ Address: ______________________

Witness 2: _____________________________ Signature Print name: ______________________ Address: ______________________

Note: This will is governed by Md. Code, Est. & Trusts Sections 4-102 through 4-105. No notary is required to execute an ordinary Maryland will; the two credible witnesses above are the operative formality, and notarization applies only to Maryland's separate optional electronic/remotely witnessed certified-will procedures. Maryland has no statutory self-proving affidavit, so the attestation clause above, not a notarized form, is what lets this will be admitted to probate. Maryland's statute does not void or reduce a gift to a witness who is also a beneficiary, but a beneficiary should not serve as a witness where it can be avoided, since an interested witness can still expose a gift to a later challenge. This is a Maryland skeleton for a last will and testament, not the full document; fill in every bracketed placeholder before you sign. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Maryland in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Maryland?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Maryland requires two credible witnesses. Under Md. Code, Est. & Trusts Section 4-102, the will must be attested and signed by two or more credible witnesses in the testator's physical presence. Maryland's statute does not void or reduce a gift to a witness who is also a beneficiary, but using a disinterested witness avoids giving anyone grounds to challenge the will later.

No. An ordinary Maryland will needs the testator's signature and two credible witnesses signing in the testator's physical presence, not a notary. Maryland has no self-proving affidavit statute, so there is no notarized form used to pre-authenticate the will. Notarization only comes into play for Maryland's separate optional electronic and remotely witnessed certified-will procedures.

Generally no. Maryland does not recognize an ordinary handwritten, unwitnessed will. The only exception under Md. Code, Est. & Trusts Section 4-103 is a will entirely in the testator's handwriting made while serving in the U.S. armed services and signed outside a U.S. state, the District of Columbia, or a U.S. territory, and even that becomes void one year after discharge unless the testator has died or then lacks capacity.

Put your wishes in writing, sign the document yourself (or have someone sign for you in your presence and at your direction), and have two credible witnesses sign in your physical presence, per Md. Code, Est. & Trusts Section 4-102. Name a personal representative to administer your estate and describe how your property should be distributed. Attorney review is available as an option before you sign.

A valid Maryland will must be in writing, signed by a testator who is 18 or older and legally competent, and attested and signed by two or more credible witnesses in the testator's physical presence, under Md. Code, Est. & Trusts Section 4-102. Maryland case law also requires the testator to understand the nature of making a will, recall the property involved, and know the natural objects of their bounty.

A self-proving affidavit is a sworn, notarized statement some states attach to a will so it can be admitted to probate without the witnesses testifying. Maryland has no such statutory affidavit. Its Estates and Trusts Article covers only the writing, signature, and two-witness formalities, and a properly attested Maryland will is instead treated as self-proved through its attestation clause.

You must be at least 18 years old and legally competent to make a will in Maryland, under Md. Code, Est. & Trusts Section 4-102(a). Maryland courts add common-law sound-mind elements: understanding that you are making a will, recollecting the property you own, and knowing the people who would naturally receive it.

Under Md. Code, Est. & Trusts Section 4-105, you can revoke a Maryland will by executing a later valid will that revokes it, or by burning, cancelling, tearing, or obliterating it yourself or through someone acting in your presence at your direction. An absolute divorce or annulment after the will is signed automatically revokes only the provisions relating to the former spouse, unless the will or the divorce decree says otherwise.