✓ Verified June 2026
This guide covers Maryland estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Maryland law, verified as of June 2026.
In This Maryland Guide:
Maryland Will Requirements at a Glance
Here are the exact rules for making a valid will in Maryland:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO. Maryland does not require notarization for a valid will. A will is valid if it is in writing, signed by the testator, and attested and signed by two credible witnesses in the testator’s presence (Md. Code, Estates & Trusts § 4-102). |
| Handwritten (holographic) will allowed | NO for civilians. Maryland only permits holographic (handwritten, unwitnessed) wills for members of the armed services who write and sign the will entirely in their own handwriting while outside any U.S. state, the District of Columbia, or U.S. territory. A military holographic will becomes void 1 year after the testator’s discharge from the armed services, unless the testator dies or lacks testamentary capacity before that year expires (Md. Code, Estates & Trusts § 4-103). |
| Self-proving affidavit available | YES. Maryland allows a will to be self-proving without a separate self-proving affidavit. If the will includes an attestation clause (a recital that all statutory execution requirements were followed) signed by the witnesses, the court may accept the will without requiring live witness testimony. Including an attestation clause creates a presumption of due execution and shifts the burden to anyone challenging the will. Notarization is not required for self-proving status, though some practitioners add it to further streamline probate. |
| Statutory will form | NO. Maryland does not provide an official statutory fill-in-the-blank will form. The Register of Wills provides probate administration forms, but not a state-approved will template. You may draft your own will or use a licensed attorney, but there is no legislatively enacted statutory will form as some other states offer. |
What a Maryland Will Does (and Doesn’t Do)
A Maryland will allows you to name a personal representative (executor) to manage your estate, name a guardian for minor children, direct how your probate assets are distributed, make specific bequests of property, and create testamentary trusts. It governs assets that pass through probate — property titled solely in the decedent’s name with no beneficiary designation.
What a Maryland will does NOT control: A Maryland will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401(k), IRA) with a named beneficiary, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, and assets already held in a living trust.
Oral wills in Maryland: NO. Maryland does not recognize oral (nuncupative) wills. All wills must be in writing under § 4-102.
How to Update or Revoke a Maryland Will
A Maryland will may be amended by executing a codicil, which must meet the same formalities as the original will — in writing, signed by the testator, and attested by two credible witnesses (§ 4-102).
A will may be revoked by: (1) a provision in a subsequent validly executed will that expressly or by necessary implication revokes the prior will; (2) physical destruction — burning, cancelling, tearing, or obliterating the will by the testator or by someone in the testator’s presence at the testator’s express direction; (3) subsequent marriage followed by birth, adoption,
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or legitimation of a child who survives the testator (revokes all wills made before the marriage); or (4) absolute divorce or annulment occurring after the will was executed (revokes only provisions relating to the former spouse) (§ 4-105).
Other Maryland will-making rules: (1) Electronic wills and remote witnessing: Since 2022, Maryland allows wills to be executed electronically and witnessed remotely under specific procedures set out in § 4-102(c)-(e).
(2) Marriage-plus-child revocation: Maryland automatically revokes all prior wills if the testator marries and then has or adopts a child after executing the will, provided that child (or the child’s descendant) survives the testator — this is broader than many states’ revocation-by-marriage rules (§ 4-105).
(3) Interested witnesses: Maryland does not void a will simply because a witness is also a beneficiary, but an interested witness may face a rebuttable presumption of undue influence. (4) Probate is handled by Maryland’s Register of Wills and the Orphans’ Court in each county, not a typical circuit or probate court.
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Understanding Maryland Estate Planning
Getting started with Maryland estate planning is the single best gift you can give your family. A valid Maryland will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Maryland estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Maryland estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Maryland Sources & Resources
- Maryland Court Self-Help: https://www.mdcourts.gov/legalhelp/willsestates
- Maryland Wills Statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=4-102
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Maryland will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Maryland Wills & Probate Guides
- Maryland Probate Process
- Dying Without a Will in Maryland
- Maryland Estate & Inheritance Tax
- Maryland Small Estate Affidavit
- Maryland Living Trust
- Probate Cost Calculator
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.