How to Make a Valid Will in Maryland

Who Can Make a Will in Maryland?

You must be at least 18 years old to make a will in Maryland. No statutory exceptions for minors. The testator must be legally competent, of sound and disposing mind, capable of executing a valid deed or contract

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, 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. 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

Notarization in Maryland

Notarization is not required for a will to be valid in Maryland. Not required for validity. Maryland relies on witness testimony under oath rather than traditional self-proving affidavits

Handwritten (Holographic) Wills

Maryland does recognize holographic wills. 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

Maryland recognizes electronic wills. Maryland recognizes electronic wills with a supervising attorney requirement (Md. Code, Est. & Trusts § 4-104.2)

How to Revoke a Will in Maryland

In Maryland, a will can be revoked by:

• •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

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

Relevant Maryland Statutes

• Md. Code, Est. & Trusts § 4-101 (Who may make a will)
• Md. Code, Est. & Trusts § 4-102 (Execution of wills)
• Md. Code, Est. & Trusts § 4-103 (Holographic wills — military)
• Md. Code, Est. & Trusts § 4-104.2 (Electronic wills)
• Md. Code, Est. & Trusts § 4-105 (Revocation)
• Md. Code, Est. & Trusts § 3-203 (Elective share)