State requirements
Making a will in Maryland
Maryland requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Maryland does not require a lawyer to draft a will. A will created online is valid in Maryland when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Maryland?
Maryland requires 2 adult 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?
No. Witnesses make a will valid in Maryland, not a notary. 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?
A valid Maryland will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Maryland has both estate tax and inheritance tax.
Keep reading
All guides →A Maryland will, witnessed-ready tonight.
The interview asks the right questions, five AI agents review the draft, and your document arrives with Maryland's exact signing steps.
Start my will — $29This page is general information about Maryland law, not legal advice. Statutes change — verify current requirements or consult a licensed Maryland attorney for complex situations.