A Maryland will is a document containing the last wishes of its creator (also called the testator) and ascertains how their property will be used in the event of their death. Maryland sets its own signing, witness, and self-proving affidavit rules under Section 4-102 of the Md. Code, Est. & Trusts.
A detailed and appropriately made last will and testament is one of the most common estate planning documents. It can be essential to those you love after your passing, even when you do not have lots of assets to distribute.
Below, you can find a Maryland will template available for download in two formats: PDF and DOC. You can also try using our document builder to get the most our of attorney-less will creation.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Maryland law. If you notice an error or outdated information, please contact us.
A Maryland last will and testament is a written legal document that lets you name who receives your property after your death and who will carry out those instructions as your personal representative. You can also use it to name a guardian for minor children and to leave instructions for paying debts and taxes out of your estate before your remaining personal property passes to your beneficiaries.
Without a valid will naming a personal representative, Maryland's intestacy laws decide who inherits your property, and a probate court appoints an administrator instead of the personal representative you would have chosen.
A will does not need to be complicated to be effective, but it does need to meet the state's signing and witness rules to hold up in probate. Review your will every few years, or after a major life event such as a marriage, divorce, or the birth of a child, to make sure it still reflects your wishes.
A Maryland will must meet the signing and witness rules in Section 4-102 of the Md. Code, Est. & Trusts before a probate court will accept it and let your property pass to your beneficiaries.[2] The table below breaks down each requirement, from who may witness the will to whether the state recognizes electronic or holographic wills.
| Requirements | State laws | |
| Statutes | Estates and Trusts | |
| Signing requirement | Two witnesses | Section 4-102. Writing, signature, attestation |
| Age of testator | 18 or older | Section 4-102 (self-proving affidavit) |
| Age of witnesses | 18 or older | No statute cited |
| Self-proving wills | Optional | A notarized self-proving affidavit lets witnesses skip testifying in court during probate, unless the will is contested.[1] |
| Electronic wills | Allowed | Permitted in the physical or electronic presence of witnesses, Section 4-102.[2] |
| Oral wills | Not recognized | Not addressed in Section 4-102 |
| Depositing a will | Possible with a $5 fee | See the Estates and Trusts Code above |
Adding a self-proving affidavit is optional in Maryland, but it means your witnesses will not need to appear in court or sign a new statement years later if your will is ever probated.[1]
Follow these six steps to fill out a Maryland last will and testament, whether you use a fillable template or our document builder. Each step maps to a section of the form, from naming yourself as testator to signing in front of two witnesses, and Maryland law treats every one of them as a condition of a valid will.
A Maryland will is valid once it is in writing and signed by the testator, or by someone else at the testator's direction and in their presence. It must also be attested and signed by two or more credible witnesses in the testator's physical or electronic presence.[2] Every one of these elements has to be in place, or a Maryland probate court can refuse the will.
A notarized self-proving affidavit is not required for validity. Sworn before a notary public and attached to the will, it states that the testator was 18 or older, of sound mind, and under no constraint or undue influence. It also confirms the will was signed as a free and voluntary act.[1] Maryland provides a statutory affidavit form you can sign at the same time as the will.
Notarization is not required for a Maryland will to be valid. As explained above, Maryland only requires that the will be in writing, signed by the testator, and witnessed under Section 4-102 of the Md. Code, Est. & Trusts.[2] A notarized self-proving affidavit, sworn before a notary public and attached to the will, is optional.[1] The affidavit must state that:
You can use Maryland's statutory affidavit language or the RW1102 form for this purpose.
In Maryland, testators must have the testamentary capacity in order to make a valid last will and testament. This generally means the testator understands what a will does, roughly what they own, and who their close family members are.
An attorney can assess this mental competence after determining the testator’s mental state: their ability to recognize the property in their possession, family members and beneficiaries, and how they would like to distribute their assets after their death. A will made while the testator lacked this capacity can be challenged and set aside in probate.
No, you cannot disinherit your spouse in Maryland. A surviving spouse can opt for an elective share within 9 months after the testator’s death. In 2020, there were some changes to the Maryland elective share law, please read this guide for more details on this question.
No, nobody but you is allowed to change your last will. A third party may only sign the last will if you are physically incapable of doing so.
Yes, it can be done. You can use a codicil for minor changes or create an entirely new will if you need to change a lot.
In practice, a lost or destroyed will can sometimes still be accepted, but proving it is harder, so keep the original safe. In such a case, this representative must prove that the testator did not have an intention to revoke the will by destroying it. (Rule 6-153 – Admission of Copy of Executed Will)
The documents below often work alongside a last will as part of a complete Maryland estate plan.
| 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. |
This page is general information about Maryland last wills, not legal advice. For advice on your situation, talk to a Maryland attorney.
