How to Write a Will in Maryland

In Maryland, one can make a will by creating an electronic will, handwriting it, or employing the services of an estate planning attorney to write it. To create a will, one must be an adult, have a testamentary capacity to remember their property, and have a moral responsibility to appreciate their beneficiaries.  

To create a will with LegalPen, contact us today. 

What are the Steps to Create a Will in Maryland

The steps to create a Will in Maryland are:

1. Decide the property you want to include in your will
2. Make a list of your property, assets
3. Make a list of your beneficiaries
4. Choose an executor who will be in charge of the administration of your estate
5. Choose a guardian for your children
6. When you have a pet, choose a guardian for your pet
7. Choose a reputable will-writing company, such as LegalPen, to create a valid will for you.
8. Execute the will in the presence of at least two witnesses who are not beneficiaries of your will. 

What Happens if I Don’t Have a Will?

When you do not have a will, you are considered to have died ‘intestate.’ When a person dies intestate, their property is administered according to the intestacy laws. Intestacy laws provide that only close relatives inherit your estate—close relatives such as your spouse, children, parents, and siblings. Intestacy laws do not apportion your property to friends, charities, or organizations.

To avoid intestacy laws, write a will with us today at LegalPen. 

What Are the Requirements for Writing a Last Will and Testament in Maryland?

The requirements for writing a last will in Maryland are that one must be an adult and have testamentary capacity to write a will. Testamentary capacity means that they have the moral understanding of writing a will; they have the memory of the property they own, understand and remember all their beneficiaries, and appreciate the claims of people who have rights to their property, such as your relatives, dependents, and others with whom you have a special relationship. 

How Often Should You Review and Update Your Maryland Will?

You should review and update your will regularly, preferably every year. This ensures that the will complies with the latest estate planning laws and the latest changes in your life, such as selling an asset that was previously included in your will. Updating and reviewing your will avoids intestacy laws for assets that are not included in the will. 

How to revise and update your will in Maryland

One may revise and update a new will in Maryland by making a new will or a codicil. A codicil is a legal document that updates, modifies, or supplements an existing will. The codicil must be executed with the same formalities as a will. It must be in writing, signed by the testator, and witnessed by two competent witnesses. The addendum may:

1. Update your beneficiaries;
2.  Remove or add assets;
3. Change executors;
4. Change guardianship details; or
5. Clarify any ambiguities in the will. 

How often one should update or review one’s will depends on how frequently substantial changes occur in one’s life. 

What Makes a Will Valid in Maryland?

In Maryland, for a will to be valid, it must be made by an adult (18 years old and above) of sound. Additionally, it must be:

1. In writing; 
2. Be signed by the testator;
3. Be attested and signed by two credible witnesses and
4. The will does not need to be notarized by a notary public.  

Can a Handwritten Will Be Valid in Maryland?

Yes, a handwritten will is valid in Maryland under certain conditions, such as:

1. The handwritten will must entirely be written in your handwriting;
2. The will must contain material provisions of your wishes regarding the distribution of your assets;
3. The testator must sign the will; a holographic will does not need to be witnessed by two competent witnesses;
4. The testator  must have a clear intent to make the will; and
5. It is advisable for the testator to date the will. 

How Do I Sign My Maryland Will?

You sign your Maryland will by affixing your signature, initials, or electronic signature at the end of your will. You must sign your will in the presence of two credible witnesses; each witness must sign the will in your presence. 

What Can I Include in an Online Will in Maryland?

When creating your online will in Maryland, either through online websites or software, you can include the following:

1. A list of your assets and properties;
2. A list of your beneficiaries, either family, friends, charity
3. Specific bequests to organizations and individuals
4. Designate an executor who will be in charge of administering your estate
5. Choose a guardian for your pets and minor children
6. Include your last wishes concerning your funeral, burial, cremation

Types of assets covered in a Maryland Will

1. Social Media Profile: Youtube, Facebook, X, LinkedIn, Instagram
2. Financial Accounts: cryptocurrency holdings, investment portfolios, online bank accounts
3. Email accounts and Communications: Outlook, Gmail, Messenger, WhatsApp
4. Cloud Storage such as Dropbox, Google Drive
5. Digital Media: e-books, digital subscriptions, music and video libraries.

Can I Revoke or Change My Will in Maryland?

Yes, you can revoke or change your will in Maryland by writing a new will that revokes the old will expressly. Alternatively, you can revoke a will impliedly through subsequent marriage or divorce. 

How do you Revoke or Change your will in Maryland

Revoking a will is the process of canceling or invalidating a will intentionally. For one to invalidate a will, the testator must be mentally competent to understand their actions, and they must have the intention to revoke a will. One may revoke a will by:

1. By drafting a subsequent will that expressly revokes the entire previous will;
2. By physically destroying the will through tearing, burning, or destroying the will by yourself or by someone under the testator’s instructions and in the testator’s presence. 
3. By using a codicil that partially revokes the will.
4. Revocation by operation of law through life events such as divorce and marriage. 

Can I Make a Digital or Electronic Will in Maryland?

Yes, you can make a digital or electronic will in Maryland using online will-writing companies such as LegalPen, online websites, software, or online writing tools. Additionally, you may use free online will-making tools acceptable in Maryland.

Electronic wills are created online, signed, and witnessed using electronic means. 

Who Can Witness a Will in Maryland?

An adult of sound mind can be a witness in Maryland. Other than being an adult, the witness should:

1. Be a mentally competent adult;
2. Be physically present when the testator is signing the will;
3. Not be beneficiaries in the estate of the deceased;
4. Sign the will in the presence of the testator;

• Be at least two witnesses to witness the signing of a will. 

Should My Will Name an Executor?

Yes, my will should name an executor. The executor plays an essential role in administering the decedent’s estate. They initiate the probate process, manage the decedent’s assets, file tax returns on behalf of the decedent’s estate, and keep an updated record of the deceased’s assets and liabilities. 

What are the Maryland will executor requirements? 

Maryland Code of Estates and Trusts Section 5-105 stipulates who can be executors. Above and beyond the executor being 18 years old and of sound mind, they should not:

1. Have been convicted of a severe claim unless they demonstrate good faith to serve as an executor;
2. Be convicted of embezzlements, perjury, fraud, forgery, extortion, or theft; and
3. Be a convicted murderer.

What Happens to a Will After Death in Maryland?

After the death of a decedent in Maryland, the executor appointed in the will files the will at the Register of Wills in the County Court where the decedent resided. After filing the will, the court legitimizes the will, and the executor is officially allowed by the court to administer the estate according to the provisions in the will. The beneficiaries in the will are notified of the probate proceedings, and the executor is responsible for keeping an inventory of the decedent’s assets and liabilities. 

What is the Impact of Marriage and Divorce on Your Maryland Will

Marriage and Divorce are life circumstances that revoke the will by operation of law. When a person makes their will before getting married, their subsequent marriage revokes a will. Additionally, if a person makes a will whilst they are married, divorce revokes a will unless the will was made in contemplation of the will. Married couples may write a will for married couples that makes provision for future divorce instances.  

Do all wills in Maryland have to go through probate?

Yes, all wills have to go through the probate process. A will goes through the probate process to ensure the decedent’s assets are distributed according to their wishes. 

Is Maryland a community property state?

No, Maryland is not a community property state. It is an equitable distribution state. Upon divorce, marital property is not divided equally, property is divided equitably. Equitable distribution of property means factors such as contributions to the marriage, the length of their marriage, a spouse’s financial and economic circumstances are taken into consideration. 

How is Maryland intestate succession done?

Intestate succession in Maryland is done according to the intestacy laws. The intestacy laws provide that if a person dies without a spouse but with children, the children inherit everything equitably. When a spouse dies and leaves behind their spouse without children, the spouse inherits everything. When the decedent dies and leaves behind a spouse and minor children, the spouse inherits half of the intestate property, and the children inherit the rest. The parents will inherit everything when a decedent dies without a spouse or descendants. 

How is Estate and Inheritance tax in Maryland done?

The state of Maryland imposes an estate tax on the gross value of the deceased’s estate. The percentage estate tax is capped at a different value yearly depending on the gross value of the estate. Maryland applies inheritance tax to certain beneficiaries who are not directly related to the decedent. 

Why should new parents consider a will?

New parents should make a will to ensure their current and future family is protected and taken care of. With a new baby in the picture, new parents can appoint a guardian in their will who will take care of the children in case of their demise. Additionally, through the will, they can allocate assets and finances to the child or the guardian that will be utilized to care for the child. New parents can leave instructions on the will on how they would like their child to be cared for.