All Laws Decoded

Last Will and Testament in Maryland

A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.

What Maryland law says

Requirements for a valid willA 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.'
Self-proving affidavitMaryland 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.
Handwritten (holographic) willsOnly 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.

Fill it in

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LAST WILL AND TESTAMENT OF [your full name]

I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.

1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].

2. Specific gifts. I give [item or amount] to [beneficiary name].

3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].

4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.

Signed on [date signed] at [city and state]. Signature: ____________________

Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________

[Notary or self-proving affidavit, if your state provides one]

Last Will and Testament for other states · Maryland tenant rights

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.