Updated July 17, 2023
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
- MD 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.
Signing Requirements
Signed by two (2) or more credible witnesses in the presence of the testator. (Section 4-102)
State Definition
“Will” means a written instrument which is executed in the form prescribed by §§ 4-102 through 4-104, and has not been revoked in a manner provided by § 4-105.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.
Related Forms
Download: PDF
Durable (Financial) Power of Attorney
Download: PDF, MS Word, OpenDocument