How to Make a Will in Maryland (2026 Guide)

A will made in Maryland must be signed by you and by 2 witnesses to be valid. No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death. Below is everything the signing cover sheet in your free Maryland will covers, generated from the same rules.

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Maryland will requirements at a glance

Witnesses required	2
Self-proving affidavit	No
Notary required for the will	No
Notary for the affidavit	n/a
Holographic wills recognized	No
Electronic wills recognized	Yes
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Md. Code, Est. & Trusts § 4-102
Financial POA statute	Md. Code, Est. & Trusts § 17-101 et seq. (Maryland General and Limited Power of Attorney Act; statutory forms at §§ 17-202, 17-203)
Healthcare directive statute	Md. Code, Health-Gen. § 5-601 et seq. (Health Care Decisions Act); optional forms at § 5-603

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another for the testator in the testator's presence and by the testator's express direction), and attested and signed by two or more credible witnesses in the presence of the testator (Md. Code, Est. & Trusts § 4-102(a)). Maryland does not automatically void a gift to a witness, but a beneficiary-witness invites challenge; use adults who take nothing under the will. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and supervised remote witnessing have separate requirements (Md. Code, Est. & Trusts § 4-102(b) to (e)).

Do you need a notary in Maryland?

No. Your state does not use a notary for wills, and does not provide a self-proving affidavit.

Self-proving affidavit

No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death. What a self-proving affidavit does.

How to sign your will in Maryland

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another for the testator in the testator's presence and by the testator's express direction), and attested and signed by two or more credible witnesses in the presence of the testator (Md. Code, Est. & Trusts § 4-102(a)). Maryland does not automatically void a gift to a witness, but a beneficiary-witness invites challenge; use adults who take nothing under the will. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and supervised remote witnessing have separate requirements (Md. Code, Est. & Trusts § 4-102(b) to (e)).
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Store the original safely. Maryland allows a testator to deposit a will with the Register of Wills for the county for safekeeping during the testator's lifetime for a $5 fee; it is released only to the testator or, after death, opened and filed (Md. Code, Est. & Trusts § 4-201 et seq.). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
5. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. For decedents dying on or after October 1, 2020, the spouse may elect to take one-third of the augmented estate (which includes revocable trusts and certain non-probate transfers) if the decedent left descendants, or one-half if there are no descendants (Md. Code, Est. & Trusts §§ 3-403 to 3-409). The spouse is also entitled to a family allowance (Md. Code, Est. & Trusts § 3-201).

Homestead

No special restriction on devising a homestead by will; Maryland's exemptions from creditors are in Md. Code, Cts. & Jud. Proc. § 11-504.

If you die without a will in Maryland

If you die without a will in Maryland, your spouse takes everything if you leave no descendants and no parents. If you leave a minor child, the spouse takes one-half. If you leave only adult descendants, or parents but no descendants, the spouse takes the first $100,000 plus one-half of the balance (Md. Code, Est. & Trusts § 3-102; for decedents dying before October 1, 2023 the threshold was $40,000, and for spouses married five or more years with only joint descendants the spouse may take everything). The rest passes to descendants, then parents, then siblings (Md. Code, Est. & Trusts §§ 3-103, 3-104). More on intestacy.

Other estate-planning documents in Maryland

• Durable financial power of attorney: Md. Code, Est. & Trusts § 17-101 et seq. (Maryland General and Limited Power of Attorney Act; statutory forms at §§ 17-202, 17-203). A power of attorney must be in writing, signed by the principal (or by another adult in the principal's conscious presence at the principal's direction), acknowledged before a notary public, and attested and signed by two or more adult witnesses who signed in the presence of the principal and each other; the notary may serve as one of the witnesses (Md. Code, Est. & Trusts § 17-110). Use of the statutory form in substantially the statutory wording is required for the statutory acceptance protections. Record it in the land records before using it for real estate.
• Advance healthcare directive: Md. Code, Health-Gen. § 5-601 et seq. (Health Care Decisions Act); optional forms at § 5-603. A written advance directive must be dated and signed by the declarant (or at the declarant's express direction) in the presence of two adult witnesses, who also sign. The appointed health care agent may not be a witness, and at least one witness must be a person who is not knowingly entitled to any part of the estate or to any financial benefit from the death (Md. Code, Health-Gen. § 5-602(c), (d)). Notarization is not required. The statutory forms are optional; an electronic advance directive witnessed electronically is also permitted (§ 5-602(c)(2)).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Maryland notes

• Maryland does not use a notarized self-proving affidavit; a will with a full attestation clause signed by two witnesses is accepted by the Register of Wills without testimony unless the will is contested. Keep the witnesses' current addresses with the will.
• Maryland recognizes electronic wills and supervised remote witnessing (Md. Code, Est. & Trusts § 4-102(b) to (e)); this service produces a paper will to be signed with pen and ink with everyone in the same room.
• Maryland recognizes holographic wills only for members of the armed services (Md. Code, Est. & Trusts § 4-103), and does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Maryland?

Maryland requires 2 witnesses (Md. Code, Est. & Trusts § 4-102). Two witnesses. The will must be in writing, signed by the testator (or by another for the testator in the testator's presence and by the testator's express direction), and attested and signed by two or more credible witnesses in the presence of the testator (Md. Code, Est. & Trusts § 4-102(a)). Maryland does not automatically void a gift to a witness, but a beneficiary-witness invites challenge; use adults who take nothing under the will. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and supervised remote witnessing have separate requirements (Md. Code, Est. & Trusts § 4-102(b) to (e)).

Does a will need to be notarized in Maryland?

No. Your state does not use a notary for wills, and does not provide a self-proving affidavit.

Does Maryland have a self-proving affidavit?

No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death.

Are handwritten (holographic) wills valid in Maryland?

Maryland does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Maryland?

A surviving spouse cannot be completely disinherited. For decedents dying on or after October 1, 2020, the spouse may elect to take one-third of the augmented estate (which includes revocable trusts and certain non-probate transfers) if the decedent left descendants, or one-half if there are no descendants (Md. Code, Est. & Trusts §§ 3-403 to 3-409). The spouse is also entitled to a family allowance (Md. Code, Est. & Trusts § 3-201).

What happens if I die without a will in Maryland?

If you die without a will in Maryland, your spouse takes everything if you leave no descendants and no parents. If you leave a minor child, the spouse takes one-half. If you leave only adult descendants, or parents but no descendants, the spouse takes the first $100,000 plus one-half of the balance (Md. Code, Est. & Trusts § 3-102; for decedents dying before October 1, 2023 the threshold was $40,000, and for spouses married five or more years with only joint descendants the spouse may take everything). The rest passes to descendants, then parents, then siblings (Md. Code, Est. & Trusts §§ 3-103, 3-104).

Is a no-contest clause enforceable in Maryland?

Maryland has no statute on no-contest clauses. Maryland courts have enforced them but construe them strictly, and a contest brought in good faith with probable cause is generally not penalized. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.