How to Make a Will in Maryland

If you're a resident of Maryland and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Maryland laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Maryland

Here's a quick checklist for making a will in Maryland:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Maryland, if you die without a will, your property will be distributed according to state "intestacy" laws. Maryland's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Maryland?

Yes. You can make your own will in Maryland, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Maryland

To make a will in Maryland, you must be:

• 18 years of age or older, and
• "legally competent to make a will."

(Md. Code Est. and Trusts § 4-102 (2025).)

"Legally competent to make a will" means that you:

• understand what it means to make a will
• understand and remember what property you own
• understand and remember who you want to have it, and
• understand, remember, and appreciate the claims of people who might have rights to your property, such as your relatives, dependents, and others with whom you have a special relationship.

(Davis v. Denny, 50 A. 1037 (Md. 1902).)

Your will must be in writing and generally must be on actual paper. It can't be on audio or video. (Although, see "Can I Make a Digital or Electronic Will?," below.) (Md. Code Est. and Trusts § 4-102 (2025).)

How to Sign and Execute My Maryland Will

To finalize your will in Maryland:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(Md. Code Est. and Trusts § 4-102 (2025).)

Maryland does permit handwritten (holographic wills) with no witnesses in limited situations, but they're usually not a good idea. Holographic wills are only permitted in Maryland if you're in the armed services and out of the United States or its territories. Your holographic will also must be entirely in your handwriting. A holographic will is automatically voided one year after you're discharged from the armed services unless you have died or lost capacity. (Md. Code Est. and Trusts § 4-103 (2025).)

Do I Need to Have My Will Notarized?

In Maryland, you don't need to notarize your will to make it legal. Some states allow you to make your will "self-proving" by signing a special affidavit in front of a notary that accompanies the will. However, Maryland allows your will to be self-proved without a self-proving affidavit. As long as you sign and witness your will correctly, your will doesn't have to be proved to the probate court, and there's no need to make a self-proving affidavit. (Md. Code Est. and Trusts § 5-303 (2025).)

Can I Make a Digital or Electronic Will?

Maryland is one of a handful of states that technically allows electronic wills (e-wills). The requirements for making a valid e-will are elaborate, so it's probably a good idea to use an attorney when making one.

An e-will is a will that has one or more electronic signatures. An electronic signature is an "electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record." An e-will also must be readable as text. (Md. Code Est. and Trusts § 4-101 (2025).)

An e-will's witness requirements are similar to the requirements for a traditional will. However, the two witnesses may appear remotely and may sign with an electronic signature. E-wills must comply with the following requirements.

• When you sign an e-will, you must be in Maryland.
• Your witnesses must be residents of the United States and physically in the United States when they sign the e-will.
• You and your witnesses must sign the same will or counterpart of the will.
• You or a supervising attorney must make a certified paper version of the will.
• You and your witnesses must make a sworn statement before a notary public or supervising attorney.

(Md. Code Est. and Trusts § 4-102 (2025).)

For more details on e-wills, see What Is an Electronic Will?

Can I Choose and Appoint an Executor in My Will?

Yes. In Maryland, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Maryland?

In Maryland, you may revoke or change your will at any time. You can revoke your will by:

• burning, canceling, tearing, or obliterating the will yourself
• ordering someone else to burn, cancel, tear, or obliterate the will in front of you
• making a new will that says it revokes the old one or has contradictory terms to the old will, or
• reviving an old will that you previously revoked but still exists.

(Md. Code Est. and Trusts § 4-105 (2025).)

If, after signing your will, you later marry and have, adopt, or legitimize (legally accept as your own) a child, your will is automatically revoked. If you and your spouse divorce after you make your will (or if a court determines that your marriage isn't legal), Maryland law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor—unless your will states that a divorce won't affect it. (Md. Code Est. and Trusts § 4-105 (2025).)

If you have any concerns about the repercussions of marriage or divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Maryland's laws about making wills here: Code of Maryland Article - Estates and Trusts, Title 4 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Maryland wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Maryland, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Maryland?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Maryland, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the register of wills (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Maryland allows people to store their wills with their local register of wills. The register will keep the will under seal until the will maker's death. (Md. Code Est. and Trusts § 4-202 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Maryland has an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal or state estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney.

Maryland also has an inheritance tax. An inheritance is paid by a person who inherits from an estate, while an estate tax is paid directly by the estate. A will won't help you avoid inheritance taxes. If you're concerned about your loved ones paying an inheritance tax, you should speak with a Maryland estate planning lawyer to see if there are ways to avoid or minimize the tax.

For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.