State requirements
Making a will in Maryland
Maryland lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Maryland has traditional will requirements. Maryland does NOT recognize holographic wills. Maryland is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Md. Est. & Trusts § 4-101 | 18+ and of sound mind |
| Execution Requirements | Md. Est. & Trusts § 4-102 | Written, signed, 2 witnesses |
| Self-Proving | Md. Est. & Trusts § 4-103 | Available with affidavit |
| Elective Share | Md. Est. & Trusts § 3-203 | 1/3 or 1/2 of net estate |
Execution Requirements
Maryland Will Formalities
MARYLAND WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested and signed by 2 or more credible witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
⚠️ Must have 2 witnesses for ALL wills
Elective Share
Maryland Elective Share
MARYLAND ELECTIVE SHARE:
If survived by minor child: 1/3 of net estate
If NO surviving minor child: 1/2 of net estate
MUST ELECT:
- Within 9 months after date of death, OR
- Within 6 months after probate, whichever is later
Self-Proving Affidavit
Maryland allows self-proving wills under Md. Est. & Trusts § 4-103.
Spousal Rights
MARYLAND SPOUSAL PROTECTIONS:
- Elective share (1/3 or 1/2)
- Family allowance ($10,000)
- Exempt property ($15,000)
- Right to remain in family home during administration
Maryland Estate Tax
MARYLAND ESTATE TAX:
- Maryland has BOTH estate tax AND inheritance tax
- Estate tax: $5 million exemption
- Inheritance tax: Varies by relationship
- Spouse/children: 0%
- Others: 10%
Checklist for Maryland Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written (no holographic)
- •[ ] Testator signed
- •[ ] 2 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] Elective share rights considered
- •[ ] Estate and inheritance tax implications considered
Maryland will questions, answered
Can I make a will online in Maryland?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Maryland requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Maryland?
Maryland requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Maryland require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Maryland document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Maryland?
No. Maryland does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Maryland?
Maryland sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Maryland source above and get local help for your circumstances. Note: Maryland has both estate tax and inheritance tax.
Keep reading
All guides →Your Maryland wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Maryland law, not legal advice. Statutes change — verify current requirements or consult a licensed Maryland attorney for complex situations.