How to Make a Valid Will in Maryland
What Maryland law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: A person 18 or older who is legally competent may make a will. The will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and attested and signed by two or more credible witnesses in the testator's presence. Md. Code, Estates & Trusts § 4-102
| Requirements for a valid will | A person 18 or older who is legally competent may make a will. The will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and attested and signed by two or more credible witnesses in the testator's presence. Electronic and remotely witnessed wills are allowed only under the special procedures in the statute, including a supervising attorney and a paper 'certified will.' |
|---|---|
| Handwritten (holographic) wills | Only in a narrow case: a will entirely in the handwriting of a person serving in the U.S. armed forces, signed while outside the United States and its territories, is valid without witnesses. It becomes void one year after the person's discharge from the armed services (unless the person dies within that year or lacks capacity to make a new will). Other handwritten, unwitnessed wills are not valid. |
| Self-proving affidavit | Maryland has no separate self-proving affidavit statute. Instead, the Register of Wills assumes the will was properly signed if it appears duly executed and contains a recital by the attesting witnesses of the facts of due execution (an attestation clause). Without that recital, a verified statement from someone with personal knowledge of the signing is needed. |
More Maryland estate law
- Medical Power of Attorney in Maryland
- Small Estate Affidavit in Maryland
- Power of Attorney in Maryland
- Quitclaim Deeds and Transferring Property in Maryland
- Who Inherits If You Die Without a Will in Maryland
- How Probate Works in Maryland
- Living Wills and Advance Directives in Maryland
- Revocable Living Trusts in Maryland
- Executor Duties in Maryland
- Letters Testamentary in Maryland
- Affidavit of Heirship in Maryland
- How to Avoid Probate in Maryland
- Transferring a Car After Someone Dies in Maryland
- All Maryland wills, probate and estate rules
FAQ
What makes a will valid in Maryland?
A person 18 or older who is legally competent may make a will. The will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and attested and signed by two or more credible witnesses in the testator's presence. Electronic and remotely witnessed wills are allowed only under the special procedures in the statute, including a supervising attorney and a paper 'certified will.'
Is a handwritten will valid in Maryland?
Only in a narrow case: a will entirely in the handwriting of a person serving in the U.S. armed forces, signed while outside the United States and its territories, is valid without witnesses. It becomes void one year after the person's discharge from the armed services (unless the person dies within that year or lacks capacity to make a new will). Other handwritten, unwitnessed wills are not valid.
Does a will need to be notarized in Maryland?
Maryland has no separate self-proving affidavit statute. Instead, the Register of Wills assumes the will was properly signed if it appears duly executed and contains a recital by the attesting witnesses of the facts of due execution (an attestation clause). Without that recital, a verified statement from someone with personal knowledge of the signing is needed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.