How to Write a Will in Maryland: What You Must Know

Maryland's will requirements are governed by Estates and Trusts Article, Title 4 of the Maryland Code. The law is clear on four non-negotiable elements. You must be at least 18 years old. You must be of "sound mind" — meaning you understand what property you own, who your natural heirs are, and what you're doing by making this document. You must sign the will yourself, or direct someone else to sign in your presence if you're physically unable. And two witnesses must sign the will in your presence.

Here's what most articles skip over: those witnesses cannot be "interested" parties. An interested witness is someone who stands to inherit under the will. Maryland Code §4-102 allows an interested witness to still witness the will without voiding it entirely — but the gift to that witness may be voided or reduced. That's a meaningful distinction. If your sister witnesses your will and you've left her your car, she could lose that bequest.

Notarization is not required to make a Maryland will valid. However, having the will self-proved — meaning notarized with a sworn affidavit from the witnesses — is one of the smartest procedural moves you can make. A self-proved will can be admitted to probate without requiring the witnesses to appear in court to verify their signatures, which becomes practically important when witnesses die or move away before you do.

Every time I've seen a will contested in Maryland, the challenge has been procedural, not substantive. The deceased person's intentions were clear — the paperwork just wasn't properly executed.

• Testator must be 18 or older
• Testator must be of sound mind at the time of signing
• Will must be signed by the testator (or by someone at their direction, in their presence)
• Two witnesses must sign in the testator's presence
• Witnesses should not be beneficiaries under the will
• Notarization is optional but strongly recommended to self-prove the will

A basic Maryland will should identify the testator (you), name an executor, name beneficiaries, and specify what each beneficiary receives. If you have minor children, a will is the document where you designate a guardian. That single provision is reason enough for every parent to have a will, regardless of how little property they own.

You can distribute almost any asset you own outright — real estate, personal property, vehicles, bank accounts, valuables. But here's the thing people consistently get wrong: certain assets pass outside of your will no matter what it says. Life insurance proceeds go to the named beneficiary on the policy. Retirement accounts like IRAs and 401(k)s pass to whoever is named on the beneficiary designation form. Joint tenancy property transfers automatically to the surviving co-owner. If your will says "I leave my 401(k) to my brother" but the account's beneficiary designation says your ex-spouse — your ex-spouse gets the money. The will loses.

Maryland does recognize the concept of a residuary clause — a catch-all provision that captures anything not specifically mentioned. Always include one. Assets you acquire after you write the will, or items you simply forgot to address, fall into the residue and pass to whoever you name there rather than going through intestate succession.

One practical note on real estate: if you own property in another state, that property is governed by the laws of the state where it's located, not Maryland. Your Maryland will may still control it — but you should verify with an attorney familiar with that other state's requirements.

You can legally write your own will in Maryland using a template or online service. The question isn't whether it's permitted — it's whether it'll hold up.

Consider this scenario: a Maryland man in his late 60s used an online will template and filled it out himself. He listed his home to go to his daughter. What he didn't realize was that his home was titled as tenants by the entirety with his wife — meaning it would automatically transfer to her at his death regardless of what the will said. The will wasn't wrong. It was just legally irrelevant for that asset.

Online tools like LegalZoom or Trust & Will typically cost $89–$249 for a basic will package. A Maryland estate planning attorney charges $300–$1,500 for a simple will, and $1,500–$3,500+ for a full estate plan including powers of attorney and a healthcare directive. The price gap is real. So is the expertise gap.

Honestly, DIY is reasonable for straightforward situations: you're married, your assets are simple, you want everything to go to your spouse and then to your children equally. If you have a blended family, business interests, minor children from a prior relationship, significant assets, or any asset with an unusual title structure — get an attorney. The cost of fixing a poorly drafted will during probate dwarfs the cost of drafting it properly the first time.

• DIY template (online service): $89–$249
• Basic attorney-drafted will: $300–$1,500
• Full estate plan (will, POA, healthcare directive): $1,500–$3,500+
• Probate attorney fees if will is contested or defective: $3,000–$15,000+

Maryland has an inheritance tax, which is separate from the federal estate tax. Maryland imposes a 10% inheritance tax on assets passing to anyone who isn't a direct lineal heir or sibling — that means cousins, friends, unmarried partners, and non-stepchildren. Spouses, children, parents, grandchildren, and siblings are exempt. This is something most generic will-writing guides completely ignore, and it has real dollar consequences for people who want to leave money to close friends or non-traditional family members.

Maryland is also one of only a handful of states with its own state estate tax, separate from federal. As of 2026, the Maryland estate tax exemption is $5 million per individual. Estates above that threshold face state-level estate tax on the excess. This rarely affects average families — but it's a planning consideration for anyone with a home, retirement accounts, and life insurance adding up past that threshold.

Worth knowing: Maryland allows you to create a pour-over will if you've established a revocable living trust. The pour-over will captures any assets that weren't transferred into the trust during your lifetime and "pours" them into the trust at death, where they're distributed per the trust terms. This is a common planning tool for people who want to avoid probate on most assets but still want a safety net document.

⚠️ Disclaimer: This is general information, not legal advice. Maryland law is specific and changes over time. Nothing in this article creates an attorney-client relationship or constitutes legal advice for your situation. Consult a licensed Maryland estate planning attorney before making decisions that affect your estate.

Signing the will is not the finish line. Where you store it matters enormously. Maryland courts cannot probate a will they can't locate. Options: keep the original in a fireproof home safe and tell your executor where it is; file it with the Orphans' Court in your county for safekeeping; or keep it with your estate planning attorney. Do not put the original will in a safe deposit box unless you've authorized your executor to access it — banks typically require a court order to open a deceased person's box, which creates a circular problem.

A will should be reviewed every three to five years and after any major life event: marriage, divorce, birth of a child, death of a named beneficiary or executor, significant change in assets, or a move across state lines. A Maryland divorce does not automatically revoke gifts to a former spouse in all circumstances — under Maryland law, divorce does revoke provisions for a former spouse, but only if the will was executed before the divorce. Check it after every major change.

Probate timeline in Maryland for an uncontested estate typically runs six to eighteen months. A will must be filed with the Register of Wills in the county where the deceased lived within 30 days of death. Probate fees in Maryland are set by statute — 0.5% to 1.0% of the probate estate value, paid to the state, plus any attorney and personal representative fees.

• Store the original in a fireproof safe at home — and tell your executor where it is
• Consider filing for safekeeping with your county's Register of Wills
• Never store the only copy in a bank safe deposit box without executor access authorization
• Review the will every 3–5 years or after any major life event
• File the will with the Register of Wills within 30 days of death