Maryland wills

How to make a will in Maryland

What Maryland law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.

Maryland will requirements at a glance

Who can make a willAnyone 18 or older and of sound mind
WitnessesTwo adult witnesses
Notary instead of witnessesNo
A beneficiary as witnessDon't use one (see below)
Handwritten (holographic) willsNot valid
Self-proving affidavitNot used
Electronic willsAllowed
Witnesses by live videoAllowed, with conditions
Online notarization for willsYes, within limits
File your will with the court while livingAvailable
State estate or inheritance taxEstate tax over $5,000,000, Inheritance tax

How to sign a will in Maryland

  1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
  2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
  3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
  4. No notary needed. Maryland doesn't use a separate notarized self-proving affidavit. The witness statement printed in your will records how it was signed, so keep each witness's name, address and phone number with your will.
  5. Store the original safely and tell your executor where it is. Maryland also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind.

Witness rules

In writing, signed by the testator (or by another person in the testator's physical presence and at the testator's express direction), and attested and signed by 2 or more credible witnesses in the testator's physical presence, or in electronic presence for a qualifying electronic or remotely witnessed will (ET §4-102(b)). No timing rule and no requirement that witnesses sign in front of each other.

If a witness inherits: No Maryland statute found that voids or reduces a gift to a beneficiary-witness (none in ET §§4-101 to 4-108); use disinterested witnesses to be safe.

Handwritten wills

Only for a member of the U.S. armed services: a will entirely in the testator's handwriting and signed outside the U.S., D.C. and U.S. territories. It becomes void 1 year after discharge (ET §4-103).

Self-proving affidavit

Maryland doesn't use a separate self-proving affidavit. (No separate self-proving affidavit statute for paper wills: the Register assumes due execution if the will contains a witnesses' attestation recital (ET §5-303). Electronic and remotely witnessed wills require a notarized or supervising-attorney acknowledgment and witness affidavits, with a statutory form (ET §4-102(c)(5)(iii), (d)(3)).)

Can I sign my will online in Maryland?

Yes, electronic wills are allowed. The testator must be a Maryland resident or physically in Maryland. Remote witnesses must be U.S. residents physically in the U.S. Everyone must sign the same will or counterparts while in each other's physical or electronic presence. Path 1: a Maryland-admitted supervising attorney attends and prepares a certified paper will with a certification and notarized or attorney acknowledgment. Path 2: the testator prepares the certified will and signs a certification acknowledged before a notary who is not a witness. The certified will becomes the original. (Md. Code, Est. & Trusts §§4-101, 4-102(b)(3)(ii), (c)-(e) (2021 Md. Laws ch. 686, HB 1261))

In effect since 2021-10-01 (the bill also applies retroactively).

Online notarization: For electronic or remotely witnessed wills, the notary acknowledgment and certification may be done in the notary's physical or electronic presence (ET §4-102(c)(5)(iii)1, (d)(3)(ii)). (Md. Code, State Gov't §18-214)

Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Maryland law, and keep the signed original as the law requires. How online will signing works.

Good to know in Maryland

Wills can be deposited for safekeeping with the Register of Wills in the testator's county (ET §4-202); the Register's FAQ lists a one-time $5 fee. I found no Maryland interested-witness statute, so that field rests on the statute being silent.

Estate and inheritance taxes

Maryland has a state estate tax on estates worth more than about $5,000,000 (2026). Maryland has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Maryland will questions

Does a will need to be notarized in Maryland?

No. Two witnesses make a Maryland will valid, and Maryland doesn't use a separate notarized self-proving affidavit.

Are handwritten wills legal in Maryland?

Only for a member of the U.S. armed services: a will entirely in the testator's handwriting and signed outside the U.S., D.C. and U.S. territories. It becomes void 1 year after discharge (ET §4-103).

Can a beneficiary witness a will in Maryland?

No Maryland statute found that voids or reduces a gift to a beneficiary-witness (none in ET §§4-101 to 4-108); use disinterested witnesses to be safe.

Can I make a will online in Maryland?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Maryland also allows electronic wills, and witnesses can take part by live video under conditions in state law.

Does Maryland have an estate or inheritance tax?

Maryland has a state estate tax on estates worth more than about $5,000,000 (2026). Maryland has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against Maryland statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Maryland attorney.

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