Maryland Last Will and Testament: Requirements, Forms, and How to Make One

A valid Maryland will requires three things: it must be in writing, signed by the testator (or someone at their direction and in their presence), and attested by two credible witnesses. Maryland does not recognize oral, audio, or video wills under any circumstances.

Those requirements sound simple, but execution mistakes are the most common reason wills get challenged during probate.

Legal Requirements for a Valid Maryland Will

Written format. The will must be a physical or printed document. Handwritten (holographic) wills are accepted in Maryland, but only if they meet the same witness requirements as typed wills — unlike some states that accept unwitnessed holographic wills.

Testator's signature. The testator must sign at the end of the will. If the testator is physically unable to sign, another person can sign on their behalf, but only in the testator's presence and at their explicit direction.

Two witnesses. Both witnesses must watch the testator sign (or acknowledge their signature) and then sign the will themselves. Maryland does not require witnesses to be disinterested — a beneficiary can legally serve as a witness, though this can invite challenges.

Self-proving affidavit (optional but recommended). A notarized self-proving affidavit attached to the will means the Register of Wills can accept it without requiring the witnesses to appear during probate. Without this affidavit, the personal representative may need to locate witnesses to verify the signatures — which becomes difficult if witnesses have moved, become incapacitated, or died.

No notarization required for the will itself. The will does not need to be notarized to be valid. Only the optional self-proving affidavit needs notarization.

What Your Will Should Cover

A Maryland will typically addresses:

• Personal representative (executor). Name the person who will manage your estate through probate. Maryland allows you to waive the bond requirement in the will, saving the estate the cost of a surety bond.
• Guardian for minor children. If both parents die, the named guardian assumes custody. Without this designation, the court decides — and its choice may not match yours.
• Specific bequests. Individual items or dollar amounts to named people or organizations.
• Residuary clause. Who gets everything not specifically mentioned. Without this, unaddressed assets follow intestacy rules even when a will exists.
• Contingent beneficiaries. Backup beneficiaries if primary ones predecease you.

What a Will Cannot Do in Maryland

A will only controls probate assets — property that's solely in your name at death with no beneficiary designation, joint ownership, or TOD deed. Common assets that bypass the will entirely:

• Life insurance proceeds (go to named beneficiary)
• Retirement accounts — 401(k), IRA (go to named beneficiary)
• Joint bank accounts (pass to surviving owner)
• Property held as tenants by the entirety (passes to surviving spouse)
• TOD-designated real estate (passes to named beneficiary)
• Payable-on-Death bank accounts (pass to named payee)

If your will says "everything to my daughter" but your life insurance names your ex-spouse as beneficiary, the ex-spouse gets the insurance proceeds. The will loses.

How Much a Will Costs in Maryland

Attorney-drafted will: $700 to $1,200 for a basic package (will, power of attorney, advance directive). Trust-based packages run $1,700 to $3,000.

Online legal services: LegalZoom charges $99 to $249 for a will package. Nolo's WillMaker costs $109 to $219 per year (subscription model).

DIY approach: The cost of printing and having witnesses sign. The Register of Wills charges $5 to deposit a will for safekeeping. The risk: without legal guidance, execution errors can invalidate the will or create ambiguities that lead to costly probate disputes.

Filing and Storing Your Will

Maryland allows (but doesn't require) depositing your will with the local Register of Wills for safekeeping during your lifetime. The fee is $5. After your death, anyone holding the original will is legally required to file it with the Register of Wills within a reasonable time, even if no probate assets exist.

Keep the original in a secure location your personal representative can access — a fireproof safe, a bank safe deposit box (with a co-lessee who can access it), or the Register of Wills office. Never store the only copy in a location that requires a court order to access after your death.

When a Will Isn't Enough

Maryland's dual-tax system means a will alone may not protect your family from unexpected tax bills. Leaving assets to non-lineal heirs (nieces, nephews, unmarried partners, friends) triggers a 10% inheritance tax regardless of estate size. And estates above $5 million face a graduated estate tax up to 16%.

A complete estate plan in Maryland typically pairs the will with beneficiary designations, TOD deeds, and possibly a trust to manage the tax exposure.

The Maryland Estate Planning Kit includes step-by-step will worksheets, a beneficiary audit checklist, and a dual-tax reference guide so every document works together under Maryland's specific rules.

See more Maryland guides →