Free Maryland Last Will and Testament Form

A will is a document containing the last will of its creator (testator) and ascertains how and by whom their property and assets will be used in the event of death.

As a precaution, it’s highly recommended to come up with a will. An elaborate and appropriately made last will and testament can be essential to those you love and relations after your passing, even when you do not have lots of property and assets to distribute.

On this page, you can find a Maryland last will and testament form for download and the material intended to dispel your possible questions relating to property planning, kinds of will, and ways to write a valid document.

Maryland Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses § 4-102. Will requirements
Age of testator 18 or older § 4-101. Persons qualified to make will
Age of witnesses 18 or older § 4-102. Will requirements
Self-proving wills Not allowed
Handwritten wills Recognized if meeting some conditions § 4-102. Will requirements
Oral wills Not recognized
Holographic wills Recognized if meeting some conditions § 4-103. Holographic wills
Depositing a will Possible with the register of a Maryland county A fee is $5 § 4-201. Deposit of will during lifetime of testator

How to Write a Maryland Last Will and Testament

  1. Think about your possible choices. Before beginning, you may want to decide if you want to use the expertise of a lawyer or write the whole thing by yourself. In case you intend to prepare the last will yourself, choose the type you’ll go for: a handwritten (holographic) will or perhaps a free last will and testament form.
  2. Indicate your information. Fill out your full name and address (the city, county, and state of residence) to establish the testator of the last will and testament. Review the remaining portion of the section, including the details you’ve entered along with the “Expenses and Taxes” paragraph.
  3. Determine the executor (or executrix). The next step is to decide on the executor of your will, the person responsible for making sure every little thing you write in this document gets done. To achieve that, you need to indicate the executor’s full name, followed by their residence specifics (city, county, and state). Be sure you appoint a person who resides in the same state as you do. Otherwise, there will be a lot more paperwork and avoidable hassle in the process because of different special rules every state has in terms of out-of-state executors. While not required, it’s a wise idea to choose one more person to be an executor in case the first one is unwilling or not capable of executing your last will and testament.
  4. Indicate the guardian (optional). In the event you’ve got underage or dependent children and do not wish the court to pick a guardian for the kids when you’re no longer here, you can specify somebody you know as a guardian for your children.
  5. Specify your beneficiaries. At this point, determine those people to whom you want to bequeath your property, that is, your beneficiaries. For each beneficiary, specify these particulars: full legal name, address, and how they are related to you.
  6. Allocate possessions. In the event that you have got an asset distribution planned that is different from even, it’s possible to describe it within this part. Property may include cash, shares, real estate, business control, money for arrearage, as well as any physical things of commercial worth you own. However, shared and living will property and assets, along with your life insurance, can’t be put into your last will.
  7. Ask witnesses to finalize the document. Maryland Annotated Code specifies that a minimum of two witnesses have to sign a last will so that it is regarded as legally binding. Only somebody who isn’t your beneficiary and is of 18 years or older could be chosen as a witness. Think about selecting witnesses who are younger than you to make sure that they will be around if the will is contested in court or if any other issue occurs. After a thorough review of every paragraph in your last will, all signatories (you and your two witnesses) have to fill out their full names and full addresses and sign the will.

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Frequently Asked Questions


A power of attorney (PoA) is a legal document that names a person, known as your agent or proxy (doesn’t have to be an attorney), to handle important things on your behalf while you’re alive.

Among numerous power of attorney types, the two following ones are believed to be fundamental:

  • General power of attorney – enables you to name a proxy (agent) who’ll have the ability to take care of your financial and legal matters in your stead. But, this document becomes void in case the principal passes away or becomes incapacitated.
  • Durable power of attorney – grants the same authority to the proxy as the first type but will stay effective even when the person on behalf of whom the agent acts becomes disabled.

An executor is a person you assign in your last will to deal with your affairs after you pass away. Nonetheless, the two roles can be served by the same individual.

Must I attest my last will in Maryland for it to be valid?


Maryland law affirms that a last will is not valid without getting a notary public to certify it.

What's better: an attested or holographic last will?


A holographic will is handwritten. To be effective, this document needs to be entirely in the handwriting of the testator and dated and signed by them. Such last wills tend to be normally used in emergent situations and/or until more formalized documents could be put in place (whether by a legal professional or with a will template like the one you can obtain from this website). An effectively defined will would be better for the future probate process since holographic last wills might contain ambiguous provisions that can easily impede probate and make it more expensive and/or more challenging to impose.

An attested last will is generally typed since it’s often prepared by a legal professional or is based on a last will template, such as the one you can get from us. To be viewed as valid, it must be signed by the testator and two trusted witnesses older than 18 in the testator’s presence, which can also be exercised in the presence of a notary.

Exactly what does it imply to be testamentary capable?


To be able to make your will and alter it (to be testamentary capable), you must match particular requirements with regards to your legal and mental capabilities (sound mind) first.

There are generally two requirements to fulfill: soundness of mind and age. In most states, you’ve got to be over 18 years to be able to create a will. Being of sound mind ensures that you are mindful of your property and the heirs of your belongings and realize the consequences of your actions.

Does a last will demand a self-proving affidavit in Maryland?


In Maryland, self-proving wills are not allowed.

Is it allowed to disinherit your child or spouse?


With regard to your spouse, it’s necessary to highlight that spouse disinheritance is possible. Maryland is not a community property state, which means that all of the properties and assets that were gained in the marriage or that increased with the capital got in the stated marriage, do not belong to both of the spouses evenly.

According to Census.gov, in 2018, the Maryland divorce rate was 7.4 per 1,000 women over 15 years old, which was very close to the national divorce rate in the US over the same period.


So, it is possible to disinherit your spouse, yet the latter will be entitled to a particular minimum amount of your property.

Except for your husband or wife, Maryland law allows you to disinherit other members of the family. Your adult children or other family members can be lawfully disinherited entirely in your will. For doing that, include certain paragraphs to the last will and testament.

Can my last will be modified without my agreement?


No, nobody but you is allowed to change your last will. A third party is only able to sign the last will if you are physically incapable f doing so.

Can a signed, typewritten last will be altered in Maryland?


Yes, it can be done.

In Maryland, in case you haven’t concluded an agreement that expresses the opposite, you can repeal or alter your will anytime.

It can be a good idea to revise your will if a serious event happens in your life. Those include but aren’t limited to:

  • Birth or adoption of a child
  • Marriage or divorce
  • Real estate or considerable piece of property has been bought or sold
  • Your financial position has changed considerably

What will be the costs of having lost a will?


Maryland law indicates that a last will can be admitted in case it is lost or damaged. However, nothing but the original of the last will and testament will probably be accepted by the probate court.

As indicated by Maryland law, the absence of the will is regarded as its annulment. This suggests that the trustee will have to provide proof of the last will’s credibility, which in turn might be rather problematic.

For holographic wills, the situation may become more troublesome as sworn witnesses and testimony are required. The reason behind not producing the will and its contents has to be confirmed as well.

In what way does a physically challenged person sign their last will and testament?


As provided by the Maryland Estate Code, it’s possible for a person to sign his or her last will providing that it’s your (as a testator) instruction and with you present. You can give a particular instruction by a number of methods, which include speaking, a positive response to a question, or body language.

A notary is allowed to sign the testator’s name in case the latter is not able to do so due to a physical impairment. The notary public has to be directed to perform so with a witness present. Such a witness is decided on just like one would decide on a trustee – they can’t have any legal or equitable interest in any property being the issue matter of or affected by the last will.

Related documents When to make one
Codicil There are a number of small changes you’d like to make to your last will.
Self-proving affidavit You would like the probate to be quicker when it’s necessary.
Living will You would like to be sure that, if you are incapacitated, you are treated exactly how you’d like to.
Living trust You need extra safety and confidentiality when the time to distribute your possessions comes.
Published: Sep 16, 2020