Last Will and Testament Laws in Maryland (2026): Your Estate, Your Rules

Most people put off writing a will. Life gets busy. It feels complicated. Or maybe it just feels too far away to worry about right now.

But here’s the truth: dying without a will in Maryland means the state decides what happens to everything you own. Your money, your home, your car. All of it. And the outcome might surprise you.

What Is a Last Will and Testament?

A last will and testament is a written document. It tells people what to do with your stuff after you die. You decide who gets what. You pick who raises your kids. You choose who handles your estate.

Pretty simple idea, right?

The person who makes the will is called the testator. The people who receive things from the will are called beneficiaries. The person in charge of carrying out the will is called the personal representative (sometimes called an executor).

Without a valid will, Maryland’s intestacy laws kick in. Those are the state’s default rules for who gets your property. They might not match what you actually want.

Basic Will Requirements in Maryland

Who Can Make a Will?

Okay, this one’s important. Not just anyone can legally make a will.

To create a valid will in Maryland, you must be at least 18 years old. You also need to be of “sound mind.” That means you understand what you own, who your family is, and what you’re doing when you sign.

Sound mind is also called testamentary capacity. You need it at the exact moment you sign the will. Not just some of the time.

What Makes a Will Valid?

Stay with me here. Maryland has specific rules about this.

Your will must be in writing. It has to be on paper. A video will is not valid. An audio recording does not count. You must write it out (or type it), plain and simple.

You must sign it. And you need at least two witnesses to watch you sign. They have to sign the will too, right there in front of you and each other.

Your witnesses should be “disinterested.” That means they should not be beneficiaries in your will. Having a beneficiary as a witness is technically legal, but it can cause problems. Use people who are not getting anything from the will.

You do not need a notary to make your will legal in Maryland. That said, notarizing it can make the probate process a little easier later on. It creates what is called a “self-proving” will. The court does not need to track down your witnesses to confirm the will is real.

Does My Will Need to Be Filed Anywhere?

Wondering if you need to register your will while you’re still alive? The answer is no.

Your will does not need to be filed with any court before you die. However, Maryland does allow you to store your will with your local Register of Wills office. They will keep it under seal until you pass away. That’s actually a smart option if you’re worried about losing it.

Types of Wills in Maryland

Standard Written Wills

This is the most common type. It’s typed or printed on paper, signed by you, and witnessed by two people. This is the safest and most accepted form in Maryland. If you want your will to hold up in court, this is the way to go.

Electronic Wills (E-Wills)

Here’s where it gets interesting. Maryland is one of a handful of states that actually allows electronic wills.

An electronic will has one or more electronic signatures. But the rules are strict. You, your witnesses, and a supervising attorney must all be in each other’s electronic presence at the same time. That usually means videoconferencing. The attorney then prints a certified copy, and that printed version becomes the official original will.

Honestly, this one can get complicated. If you want an e-will, work with an attorney.

Handwritten (Holographic) Wills

Most people think they can just write a will by hand and sign it. In most states, that would work.

Not in Maryland. Not for regular folks, at least.

Handwritten wills without witnesses (called holographic wills) are only valid in Maryland for one very specific group: members of the U.S. armed forces who are serving outside the country. If a soldier writes a will entirely in their own handwriting and signs it while stationed overseas, Maryland will recognize it.

But here’s the catch: that holographic will becomes void one year after the service member is discharged. So it’s a temporary option, not a permanent one.

If you’re not in the military, do not count on a handwritten will. Maryland courts will likely not honor it.

What Happens If You Die Without a Will?

This is the part most people miss. And it matters a lot.

Dying without a will is called dying “intestate.” When that happens, Maryland’s intestacy laws control everything. The state has a formula. It does not know or care about your wishes.

Here is how it generally works. If you are married with no children, your spouse gets everything. But if you have minor children, your spouse and children split the estate fifty-fifty. If your children are adults, your spouse gets $15,000 plus half of what remains. The adult children get the rest.

If you have no spouse or children, your parents, siblings, and other relatives inherit based on a legal priority list.

And if you have an unmarried partner? Bad news. Maryland’s intestacy law gives your unmarried partner nothing. Zero. Not a cent. No matter how long you were together.

You’re not alone if this surprises you. Most people don’t realize how strict these default rules are.

What Can You Put in Your Will?

A lot more than you might think. Your will is a powerful document.

You can name who gets your house, car, bank accounts, furniture, jewelry, and other personal property. You can leave money to a charity. You can set up a trust for someone who is young or needs special care. You can even create a pet trust to make sure your animal is cared for after you’re gone.

One of the most important things you can do in a will is name a guardian for your minor children. If both parents die or are unavailable, a court decides who raises your kids. Your will is the only way to tell the court who you want.

This one’s probably the most important part of the whole document for parents.

How Marriage and Divorce Affect Your Will

Hold on, this part is important.

Maryland has some automatic rules about what happens to your will when your relationship status changes.

If you get married after signing your will and then have a child, your will is automatically revoked. It is wiped out entirely. You would need to make a new one.

If you get divorced, any parts of your will that leave property to your ex-spouse are automatically canceled. So are any parts that named your ex-spouse as your personal representative.

One exception: your will can state upfront that a divorce won’t affect it. Talk to an attorney if this matters to you.

The takeaway is simple. Review your will every time something big changes in your life. Marriage, divorce, new baby, death of a beneficiary. Any of these events is a good reason to revisit your document.

Maryland’s Inheritance and Estate Taxes

Okay, pause. Read this carefully.

Maryland is the only state in the country with both an estate tax and an inheritance tax. That’s a big deal. Let’s break down what each one means.

The Estate Tax

The estate tax is paid by the estate itself before anything is distributed to your heirs. Maryland’s estate tax only applies if your total estate is worth more than $5 million. If you’re under that threshold, you owe nothing.

For estates above $5 million, the tax rate is progressive. It ranges from 0.8% up to 16% depending on the estate’s total value. The $5 million exemption has been in place since 2019 and remains unchanged for 2026.

Married couples can protect up to $10 million combined because the Maryland estate tax is “portable” between spouses.

The Inheritance Tax

This one catches people off guard. The inheritance tax is not based on how much the estate is worth. It’s based on who receives the money.

Maryland charges a flat 10% inheritance tax on assets left to people who are not considered close relatives. The good news is that most close family members are completely exempt.

Who is exempt? Spouses, children, grandchildren, stepchildren, parents, grandparents, and siblings pay no inheritance tax at all. As of October 2023, registered domestic partners are also exempt.

Who does pay? Nieces, nephews, cousins, friends, unmarried partners, and anyone else not on the exempt list owes 10% on what they receive. That can add up fast if they’re inheriting a house or a large sum of money.

Think of it like this: leaving $100,000 to your niece means she owes $10,000 in taxes before she ever touches the money. Worth knowing before you write the will.

Governor Wes Moore proposed eliminating the inheritance tax, but the Maryland legislature rejected the change in 2025. So for 2026, the 10% rate is still in effect.

How to Make Your Will Valid: Step-by-Step

Don’t worry, we’ll break it down step by step.

First, confirm you’re at least 18 years old and of sound mind. Write out your will clearly. Type it if possible. Spell out who gets what in specific terms.

Second, gather at least two witnesses. These should be adults who are not beneficiaries in your will. Three witnesses is even better.

Third, sign your will in front of your witnesses. They must actually watch you sign it. Then they sign the will too, in front of you and each other.

That’s it for the basics. Your will is now legally valid in Maryland.

Optional but smart: consider getting it notarized. This creates a self-proving will and speeds up the probate process later.

Store your will somewhere safe. Tell trusted people where it is. You can also file it with the Register of Wills in your county for safekeeping.

Changing or Revoking Your Will

Life changes. Your will should too.

You can change your will at any time while you are living, as long as you have testamentary capacity. For small changes, you can add what’s called a codicil. That’s basically an amendment to your existing will. It must be signed and witnessed with the same formalities as the original.

For bigger changes, it’s usually cleaner to revoke the old will and write a new one entirely. You can revoke a will by physically destroying it. Burning it, tearing it up, crossing it out with intent to cancel. You can also revoke it by making a new will that states the old one is revoked.

A friend asked me about this recently. They assumed their old will was still good even after getting remarried and having another child. As mentioned above, that marriage and birth actually revoked the old will automatically. They were shocked.

Don’t be caught off guard. Review your will every year or whenever something major happens.

Probate in Maryland: What to Expect

When someone dies with a will, the estate usually goes through probate. That’s the court process for validating the will and distributing assets.

In Maryland, probate is handled by the Register of Wills in the county where the person lived. There are two types of probate. Administrative probate is for uncontested wills. Judicial probate is for contested ones (when someone challenges the will).

Small estates worth $50,000 or less go through a simplified process.

The personal representative named in the will has to petition the Orphan’s Court to be officially recognized. Once approved, they receive a document called a Letter of Administration. That document gives them the legal authority to handle the estate.

Not all assets go through probate. Life insurance with a named beneficiary, retirement accounts, joint bank accounts, and property held in a living trust can all pass directly to beneficiaries without going through court.

Frequently Asked Questions

Do I need a lawyer to make a will in Maryland? No, you don’t. You can make your own will. But for complex situations, it’s smart to consult an estate planning attorney.

Does my will need to be notarized? Notarization is not required for a will to be valid in Maryland. But notarizing it can make probate faster and simpler.

Can I write my own will by hand? Not in most cases. Handwritten wills without witnesses are only valid for U.S. military members serving outside the country. For everyone else, a typed and witnessed will is required.

What happens if I die without a will in Maryland? Maryland’s intestacy laws take over. The state distributes your assets based on a legal formula, which may not reflect your wishes.

Are my kids automatically covered if I die? Not entirely. Without a will, a court decides who raises your minor children. Your will is the only legal way to name a guardian.

Can I leave my estate to my unmarried partner? Yes, but they are not automatically included under intestacy law. You must specifically name them in your will.

Does Maryland have an inheritance tax? Yes. Maryland charges a flat 10% inheritance tax on assets inherited by non-exempt relatives like friends, nieces, nephews, or unmarried partners. Close family members like spouses, children, and siblings are exempt.

Final Thoughts

Now you know the basics. Writing a will in Maryland isn’t as complicated as most people think. You need to be 18, of sound mind, sign your document on paper, and have two witnesses. That’s the foundation.

But the details matter. Marriage and divorce can revoke your will automatically. Maryland’s dual tax system can surprise your beneficiaries. And dying without a will leaves your family at the mercy of the state’s default rules.

Take the time to get it done. Review it regularly. And when things get complicated, talk to an estate planning attorney. Your family will thank you.

References

1. Maryland Estates and Trusts Code, Title 4 – Wills – Maryland Statutes (2025)
2. Register of Wills – Facts About Wills – Maryland.gov Official Resource
3. Frequently Asked Questions About Wills – Maryland People’s Law Library – Maryland Thurgood Marshall State Law Library
4. How to Make a Will in Maryland – Nolo – Updated August 2025
5. Inheritance Tax – Register of Wills – Maryland.gov Official Resource
6. Maryland Estate and Inheritance Tax Rates – Tax Foundation – November 2025
7. Maryland & Federal Estate Taxes: What Families Need to Know in 2025 – Selzer Gurvitch Law Firm