The Maryland Will Guide That Actually Helps

Here’s something that might surprise you: creating a will isn’t just about death—it’s about taking control while you’re alive. It’s about making sure your wishes are followed instead of leaving your family to guess what you wanted.

Without a will, Maryland’s laws decide who gets your stuff. And the state doesn’t know that you wanted your Orioles memorabilia to go to your baseball-loving nephew, not your daughter who thinks sports are a waste of time.

Creating a will puts you in the driver’s seat and gives your family clarity instead of confusion.

Maryland Will Laws (The Stuff You Need to Know)

Maryland’s will requirements come from Maryland Statutes, Article – Estates and Trusts §4-102. Here’s what matters: Maryland embraced electronic wills in 2022 with Senate Bill 36, originally passed in response to COVID-19 but now available to everyone.

This means Maryland residents have modern options that many other states still don’t offer.

What This Actually Costs

Here’s the honest money breakdown:

Traditional attorney route: $200 to $600 for simple estates (can reach thousands for complex ones)
Online platforms: Around $200–$300 for comprehensive packages
DIY approach: Cheapest upfront, risky if you mess up legal requirements

Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal maneuvering.

Create your Maryland Online Will Now!

Maryland Will Requirements (The Make-or-Break Rules)

Your will must satisfy these requirements or it becomes worthless paper:

Basic Requirements:

✓ Must be in writing (digital format allowed for electronic wills)
✓ You must be 18+ and mentally competent
✓ You must sign in front of two credible witnesses
✓ Witnesses must sign with required attestation clause
✓ All parties must be in Maryland for electronic wills

Electronic Will Extras:

✓ Can use electronic signatures
✓ Remote witnessing allowed
✓ Must create a “certified paper original”
✓ Requires notary if no supervising attorney

The Attestation Clause Requirement

Maryland requires specific language that other states don’t. Your witnesses must include this attestation clause:

“Signed, sealed, published and declared by the above named [your name], as and for [his/her] Last Will and Testament, in the presence of us, who at [his/her] request, in [his/her] presence, and in the presence of each other have hereunto subscribed our names as witnesses.”

Can You Create Your Own Will? (Yes, But Be Smart)

Maryland allows you to create your own will without a lawyer. But one missing legal requirement or unclear sentence can trigger family fights lasting years and costing thousands.

If you’re going DIY, use a reliable online platform that knows Maryland’s specific requirements. Don’t try to figure out legal language on your own.

Do You Need a Lawyer? (Usually Not)

Maryland doesn’t require attorneys for will creation. You might want one if:

Your estate includes complex business interests
You need sophisticated tax planning
You have contentious family situations
You want advanced trust structures

For most families with straightforward wishes, online will creation handles everything at a fraction of attorney costs.

Step-by-Step Maryland Will Creation

Here’s the process that actually works:

Choose a trusted online platform (they’re not all equal in quality)
Draft your will using guided questions
Review everything carefully (mistakes here create expensive problems later)
Sign before two witnesses (electronic signatures work for eWills)
Get witness signatures with attestation clause (required in Maryland)
Create certified paper original (for electronic wills)
Add notarization (optional but recommended)
Store securely with family access

Notarization: Not Required But Smart

Notarization isn’t mandatory but it’s cheap insurance. Here’s why:

Without notary: Potential challenges during probate
With notary: Your will becomes “self-proving” and moves through probate smoother

Maryland allows remote online notarization, making this step convenient.

Maryland Witness Requirements

Your witnesses must be:

Competent adults
Present when you sign (physically or electronically)
Located in Maryland (for electronic wills)
Able to include the required attestation clause

Pro tip: Avoid using beneficiaries as witnesses—it creates potential conflicts even though it doesn’t invalidate the will.

Special Maryland Considerations

Maryland has unique rules you should know:

Marriage and Children: If you marry and have a child after creating your will, your old will becomes invalid
Divorce: Divorce automatically revokes any provisions for your ex-spouse
Electronic Wills: Must have certified paper original even for digital wills

What Goes in Your Maryland Will

Your will should address:

Asset distribution – who gets what property
Guardian selection for minor children
Executor appointment – who manages your estate
Final arrangements – burial, cremation preferences
Specific gifts to individuals or charities
Pet care instructions
Personal messages to loved ones

Electronic vs. Traditional Wills (Your Choice)

Maryland offers both options:

Traditional Wills: Create online, print and sign on paper
Electronic Wills: Digital signatures with certified paper backup

Both are legally valid. Electronic wills offer convenience but require the extra step of creating a certified paper original.

Common Maryland Will Mistakes

Legal Requirements:

Missing the required attestation clause
Not having witnesses present during signing
Forgetting certified paper original for electronic wills

Life Changes:

Not updating after marriage with children
Not revising after divorce
Ignoring major asset changes

Content Problems:

Vague language creating confusion
Missing key appointments (executor, guardian)
Not addressing Maryland’s specific laws

Storage Issues:

Family can’t locate the will when needed
Poor security for important documents
No backup access plans

The Maryland Advantage

Maryland residents benefit from:

Electronic will recognition
Remote witnessing capabilities
Flexible notarization options
Modern laws adapted for today’s world

Take Action Today

Every day without a will is a day your family’s future depends on Maryland’s default inheritance laws instead of your personal wishes.

Don’t be the person whose family ends up in probate court trying to figure out what you would have wanted. Maryland’s modern laws make it easier than most states.

Get Started Now

Whether you choose traditional or electronic, the key is following Maryland’s specific requirements exactly. Your loved ones will thank you for taking 30 minutes to protect their future.