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Maryland Last Will and Testament

Maryland Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

7 mins

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Making a legal and enforceable Maryland Last will and testament can help your family greatly in the future. They won't have to go around courts or lawyers for their estate portion. Your kids would have someone to look after them, as you mention in your will, and they would be financially secure. Also, your will would help communicate your wishes about who would inherit or manage your estate. All these things would be helpful for your loved ones to move on with their lives and not worry about their finances. Invest time in estate management now to avoid any troubles later.

All the states have varying requirements to make a valid and enforceable last will. If you live in Maryland, here is what you should follow.

Requirements for a Maryland Last Will and Testament 

  • Written will: A Maryland last will and testament must be on paper to be legal. Maryland doesn't allow audio, video, digital, or electronic wills. Maryland accepts self-written or holographic wills if the testator is in armed services posted outside of the United States. 
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Maryland last will must understand the will procedure, nature of their estate, relationships, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Maryland last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before you.

Who can be your witnesses for a Maryland Last Will and Testament? 

Your witnesses for a Maryland last will must follow these conditions:

  • A Maryland witness can be anyone who is generally competent for the job.
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as your witnesses as the will could be easily challenged. 

Maryland rules for a personal representative or an executor 

Choosing an executor for your Maryland last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. The executor must be an adult.
  2. Capable of performing the job, i.e., of a sound mind.
  3. Maryland restricts people convicted of a serious crime from being executors.
  4. Maryland allows you to choose someone out of state as your executor. However, they must appoint a state resident as their agent.

Last Will and Testament Notarization in Maryland 

There's no need to notarize your Maryland last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Maryland Last Will Revocation 

You could follow any of the following methods to revoke your Maryland last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Making a new legal will that revokes any part or the entire previous will.
  • Asking someone else to destroy your Kansas last will.
  • Reviving an old will that still exists.
  • After creating a will, your previous will would be revoked if you marry and have a child (by blood, adoption, or legitimization). 

Maryland Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Maryland last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Maryland rules for divorce after making your last will

  • Maryland law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 

What happens if you don't have a will in Maryland?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has a spouse and children (minor children)

Spouse inherits one-half of the estate 


Children inherit the balance 

Has a spouse and descendants (no minor children)

Spouse inherits the first $15,000 of the estate and one-half of the balance 


Descendants inherit the balance 

Has a spouse and parents 

Spouse inherits the first $15,000 of the estate and one-half of the balance 



Parents inherit the balance

Has parents, no spouse, no descendants 

Parents inherit everything 

Has siblings, no parents, no spouse, no children 

Siblings inherit everything 

Last Will and Testament Maryland Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Maryland free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Maryland last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Maryland last will and testament. 

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Frequently Asked Questions

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.

Should I update my will?

You should regularly check and update your last will after certain life events. It can be a new marriage, a child, or a divorce. Either way, keep updating your will after some time.

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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