How to Write a Will in Maryland (2026 Guide)

This is general legal information for Maryland, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Maryland.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Maryland’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Maryland as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Maryland will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Maryland and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Maryland Will Requirements at a Glance

• Minimum age: 18 years old (No statutory exceptions for minors)
• Written form: Must be in writing. Can be typed, printed, or handwritten
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: No
• Holographic (handwritten) wills: Yes
• Electronic wills: Yes

Testamentary Capacity

The testator must be legally competent, of sound and disposing mind, capable of executing a valid deed or contract

Signature Requirements in Maryland

You must personally sign the will. Maryland does allow proxy signing in specific cases: Another person may sign in the testator's presence and by the testator's express direction

Witness Requirements in Maryland

Maryland requires 2 witnesses. Must be credible witnesses

Presence rules: Witnesses must sign in the testator's presence (Md. Code, Est. & Trusts § 4-102)

Interested witnesses: An interested witness may serve as a witness but any bequest to that witness is void to the extent it exceeds the intestate share, unless there are two other disinterested witnesses

The safest approach in every state, including Maryland, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Maryland does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity. Maryland relies on witness testimony under oath rather than traditional self-proving affidavits

Maryland does not currently recognize self-proving affidavits for wills.

Holographic, Electronic, and Oral Wills in Maryland

Holographic (handwritten) wills: Recognized in Maryland. Only for members of the armed forces in actual military service or mariners at sea. Valid for one year after discharge (Md. Code, Est. & Trusts § 4-103)

Electronic wills: Recognized in Maryland under specific conditions. Maryland recognizes electronic wills with a supervising attorney requirement (Md. Code, Est. & Trusts § 4-104.2)

Nuncupative (oral) wills: Not recognized in Maryland.

How to Revoke or Update a Maryland Will

If you already have a will and want to change it, Maryland recognizes these revocation methods: Executing a subsequent will or codicil, Physical act of burning, canceling, tearing, or obliterating by the testator or at the testator's direction and in the testator's presence, Operation of law (divorce revokes dispositions to former spouse). Md. Code, Est. & Trusts § 4-105

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Maryland

Maryland is a separate property/common law state. Surviving spouse has a statutory share: if surviving minor children, one-third; otherwise one-half up to a statutory maximum. Maryland has a state estate tax with a $5 million exemption. Maryland does not use the standard self-proving affidavit format

Step-by-Step: Writing a Valid Maryland Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Maryland-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
9. Review every few years and after major life events (marriage, divorce, new child, moving out of Maryland, major asset changes).

Common Maryland Will Mistakes to Avoid

• Wrong number of witnesses. Maryland requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Maryland will requirements and the Maryland estate planning guide for background on intestate succession, probate, and related topics.

Start Your Maryland Will Now

The easiest way to get a valid Maryland will done today is our free drafting tool. It walks you through the questions, generates a Maryland-specific document with the correct clauses, and gives you signing instructions tailored to Maryland’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.