Wills in Maryland

A will directs who receives your property, names the person who will administer your estate, and, if you have minor children, nominates a guardian. Without one, Maryland’s intestacy statute decides the first question and a court decides the others.

What Maryland requires

To make a valid will in Maryland you must be at least 18 and legally competent, and the will must be:

• In writing. Audio, video and oral wills are not recognized. Electronic wills are permitted only in narrow circumstances.
• Signed by you, or by someone signing at your direction and in your presence.
• Attested and signed by two credible witnesses in your presence.

Handwritten wills are usually not enough

This surprises people. A holographic will, meaning one entirely in your handwriting and unwitnessed, is valid in Maryland only if made by someone serving in the armed services and signed outside the United States. Even then it becomes void one year after discharge, unless the person has died or lacks testamentary capacity by then.

For everyone else, a handwritten document without two witnesses is not a valid Maryland will.

A will made in another state

A will prepared elsewhere generally remains valid in Maryland if it was executed according to the law of the place where it was made. It is still worth a review after a move, because the rest of your plan and your assets may not travel as cleanly.

What a will does not control

This is where plans most often go wrong. A will governs probate assets only. It does not override:

• Beneficiary designations on retirement accounts and life insurance
• Property held as joint tenants with right of survivorship
• Payable-on-death and transfer-on-death accounts
• Assets already held in a trust

An outdated beneficiary form beats a carefully drafted will every time. Reviewing those designations is part of doing this properly, and it is especially important after a divorce.

If you die without a will

Maryland’s intestacy rules distribute your estate to relatives in a statutory order. The result is frequently not what people assume, particularly for blended families and for spouses where there are also surviving children or parents.

Changing a will

A will can be revoked or replaced while you have capacity. Marriage, divorce, births and deaths in the family are all reasons to revisit one. So is buying property or a change in who you would want as personal representative or guardian.

Related

• Trusts
• Power of attorney
• Advance directives
• Probate and estate administration

Official resources

• Maryland Register of Wills
• Maryland Courts, wills and estates
• Md. Code, Estates and Trusts section 4-103

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.