Wills by state
How to Make a Will in Maryland
What Maryland law requires for a valid will, how signing works, and the details that trip people up — in plain English.
Maryland will requirements at a glance
18+
You must be at least 18 and of sound mind.
2 witnesses
Two adult witnesses must watch you sign (or acknowledge) your will and sign it themselves. Witnesses generally should not be people who inherit under the will.
Not required for validity
A notary is not what makes the will valid — but notarizing a self-proving affidavit (below) is strongly recommended.
Not used — not needed
Maryland has no self-proving-affidavit statute for paper wills — and doesn't need one. The Register of Wills assumes due execution from a standard attestation clause signed by your witnesses (Est. & Trusts §5-303).
Not recognized
Maryland does not accept unwitnessed handwritten wills (a narrow exception exists for active-duty military).
Estate tax + Inheritance tax
Maryland levies both an estate tax (paid by the estate) and an inheritance tax (paid by some beneficiaries).
Signing your will in Maryland
- 1
Put your wishes in writing
Decide who inherits, who serves as your personal representative (executor), and who would care for minor children. Our guided questions walk you through every decision.
- 2
Gather two adult witnesses
Choose adults who don't inherit under the will. You sign (or acknowledge your signature) in front of them; they sign in front of you.
- 3
Store it well and tell your executor
Keep the signed original somewhere safe and findable — a fireproof box at home beats a bank safe-deposit box your family can't open. Tell your executor where it is.
Maryland specifics worth knowing
Maryland is the only state with both an estate tax and an inheritance tax, though spouses, children, and other close relatives are exempt from the inheritance tax. Maryland recognizes holographic wills only in a narrow exception for active-duty military.
Maryland will FAQs
Does a will need to be notarized in Maryland?
No. In Maryland, a will is made valid by your signature and two witnesses — not by a notary. Maryland has no self-proving-affidavit statute for paper wills — and doesn't need one. The Register of Wills assumes due execution from a standard attestation clause signed by your witnesses (Est. & Trusts §5-303).
Can I write my own will in Maryland?
You don't need a lawyer to make a valid will in Maryland, but it must be properly executed: in writing, signed by you, and signed by two witnesses. Maryland does not accept unwitnessed handwritten wills, so skipping the formalities means dying intestate — the state's default rules decide who inherits.
What happens if I die without a will in Maryland?
Your estate passes under Maryland's intestacy laws — a fixed priority list (usually spouse first, then children, then parents, then siblings). Unmarried partners, stepchildren, friends, and charities receive nothing under these defaults, and the court chooses your estate's administrator and your minor children's guardian without your input.
How much does a will cost in Maryland?
An attorney-drafted will in Maryland typically runs several hundred to a few thousand dollars. With Plan Your After you build your complete estate plan — will, trust, powers of attorney, living will, and HIPAA authorization — free, and pay $149 only when you're ready to finalize and download, including a year of unlimited updates.
This page is general information about Maryland law, not legal advice, and laws change. For advice about your specific situation, consult a licensed Maryland attorney.
Maryland estate planning
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