Maryland Last Will and Testament Template

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Updated June 17, 2022

A Maryland last will and testament is a legal document in which an individual, known as a testator, outlines how he or she would like his or her estate to be distributed upon death. A will allows a testator to set instructions on how to manage their real and property, bank accounts, fiduciary assets, life insurance policies, digital property, and much others. By making a will, the testator ensures the continued protection of their property/assets by designating beneficiaries that shall receive a portion or all of the estate. Beneficiaries can be any individual the testator wants, but most commonly include spouses, children, friends, and even charitable organizations. A will document must be accompanied by a Proof of Execution form and must be registered with the state’s registry in order to be legally binding in Maryland. Furthermore, the document must be signed by the testator in the presence of two (2) witnesses who will also provide their signatories. Though optional, the document can be notarized to add an extra layer of legal protection.

Table of Contents

Laws

Definition(MD Est & Trusts Code § 4-101) – “Will” means a written instrument which is executed in the form prescribed by §§ 4-102 through 4-104, and has not been revoked in a manner provided by § 4-105. “Will” also includes a codicil.

Signing Requirements (Section 4-102) – Signed by two (2) or more credible witnesses in the presence of the testator.

StatutesMD Est & Trusts Code, Title 4 (Wills)

Proof of Execution (Form RW1102) – This should be attached to any will.

Registry – Use to find an office and register a signed will. The filing fee is $5.

Video – How to Make a Will in Maryland

How to Write

Step 1 – Establishment of Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. You would then enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative (Executor)–

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Exectutor – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must review the remaining information pertaining to how property is distributed  in the event any member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 (Optional) – Notarization – As the notary public has witnessed all signatures they shall complete the remainder of the document and authenticate it by affixing their commission and state seal.

  • Attach any required additional documentation and file with the state of Maryland

Related Forms

Advance Directive

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Durable (Financial) Power of Attorney

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