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Maryland requires two credible witnesses — but they may attest in your physical or electronic presence, because Maryland is one of the few states with a real electronic-will law. Handwritten wills are valid only for service members signing overseas, and they expire a year after discharge. Most importantly: Maryland’s intestacy rule was rewritten, and your surviving spouse now inherits everything unless there’s a minor child or a child from outside the marriage — a change most online articles still get wrong. Online services prepare a Maryland-specific will for $199–$299. Every rule below cites the Estates and Trusts Article.
Maryland’s default is friendlier than it used to be — and still isn’t your plan.
Intestacy names no guardian for your children, no personal representative, and no specific gifts. An online service like Trust & Will prepares a Maryland-specific will with the witness pages ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Maryland Will Requirements (2026)
Estates & Trusts § 4-102 sets the execution rules:
| Requirement | Maryland rule | Statute |
|---|---|---|
| In writing | A written document — or a compliant electronic will (below) | § 4-102(a) |
| Signed | By you, or by another for you in your physical presence and at your express direction | § 4-102(a) |
| Witnessed | Two or more credible witnesses, attesting in your physical presence — or your electronic presence, if the electronic-will requirements are met | § 4-102(b)–(d) |
| Notarized | Not required for an ordinary paper will — but notarization or attorney certification is central to the electronic pathways | § 4-102(c)–(d) |
Electronic and Remotely Witnessed Wills: Two Maryland Pathways
Maryland offers two distinct routes to a valid electronic or remotely witnessed will (§ 4-102(c)–(d)) — and the District of Columbia adopted the Uniform Electronic Wills Act in March 2023, so both sides of the line now allow one:
The supervising-attorney route (c): an attorney oversees the execution and creates a “certified will” with the required documentation, plus notarization or attorney certification.
The testator-created route (d): you create the certified will yourself with a notary acknowledgment and lighter documentation requirements.
Both pathways carry two hard conditions: you must be physically located in Maryland at execution, and any remote witnesses must be US residents at that moment. This is genuinely enacted law, not a pending bill — though most Marylanders still execute on paper with everyone in the room, which remains the simplest path through the Register of Wills.
Handwritten Wills: Service Members Abroad Only — and They Expire
Maryland’s holographic-will rule is one of the narrowest in the country (§ 4-103). A will entirely in your handwriting is valid without any attesting witnesses only if you are serving in the US armed services and sign it outside a US state, DC, or a US territory. And it comes with a clock: the will is void one year after your discharge, unless you die within that year or lack testamentary capacity when it runs out.
For everyone else — including service members signing on a Maryland base — a handwritten will needs the full two-witness ceremony. Maryland’s large military and federal community makes this one of the few places where the exception genuinely comes up, and one of the few where people wrongly assume it protects them at home.
Maryland is not alone in this: New York likewise restricts unwitnessed handwritten wills to service members and mariners, and likewise gives them an expiration date. Both states treat the handwritten will as a wartime accommodation rather than an option available to the public.
Dying Without a Will in Maryland: The Rule Changed
This is where most Maryland will articles are out of date. The current statute (§ 3-102) reads:
| Your situation | What your spouse or registered domestic partner receives |
|---|---|
| Default — including adult children who are all shared | The entire intestate estate (§ 3-102(a)) |
| A surviving minor child | One-half; the children take the rest (§ 3-102(b)) |
| No minor child, but a child from outside the marriage | First $100,000 plus one-half of the residue (§ 3-102(c)) |
Two things worth flagging. First, registered domestic partners inherit exactly as spouses do under the current statute — Maryland is one of a small group of states that says so expressly. Second, the old provisions many articles still cite — a $40,000 setaside, and a carve-out giving a share to the decedent’s surviving parents when there were no children — are gone. If you read elsewhere that your Maryland spouse must split the estate with your parents, that description is stale. (The net estate is calculated without deducting the tax defined in Tax-General § 7-308, per § 3-102(d).)
What intestacy still can’t do: the minor-child row is the one that bites — a young Maryland family’s surviving parent co-owns half the estate with children whose shares need court oversight until 18. And no default rule ever names a guardian for those children. That’s what the will is for.
What a Will Costs in Maryland
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Invalid unless you’re in the armed services signing overseas — and then it expires |
| Online service | $199 individual / $299 couple | Maryland-specific will with witness pages, done in about an hour |
| Maryland attorney | Flat fees vary — the DC suburbs run highest | Custom drafting and counsel, including inheritance-tax planning for non-exempt heirs |
Online pricing verified against Trust & Will’s published rates (August 2026). Maryland’s bar publishes no fee survey, so we quote no attorney figures we can’t source. See how Maryland compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Maryland Will Does Not Do
1. A will does not avoid probate. Maryland administers estates through the Register of Wills and Orphans’ Court, with a probate fee scaled to estate size. If avoiding that matters, that’s a living trust’s job: see what a living trust costs in Maryland.
2. A will does not reduce Maryland’s two death taxes. Maryland is the only state with both an estate tax and an inheritance tax — spouses, children, parents, and siblings are exempt from the inheritance tax, but nieces, nephews, friends, and unmarried partners are not. That combination is the single strongest argument for planning here, and it’s covered in our state estate tax guide.
3. A will does not cover incapacity, and does not override beneficiary designations. Pair it with a durable power of attorney and advance directive — see the five documents every family needs — and keep beneficiary forms current, including federal TSP accounts.
Will vs. Trust for Maryland Families
Every Maryland adult needs a will — if only to name a guardian and a personal representative, which no intestacy rule does. The trust question here is unusually concrete because of the double death tax and probate fees: if your estate is near the Maryland estate-tax threshold, or you’re leaving anything to someone outside the inheritance-tax exempt classes, the planning conversation pays for itself. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Maryland living trust cost guide.
If the will is what you need today, Trust & Will’s Maryland package includes the witness pages, guardianship nominations, and healthcare documents — build your Maryland will here.
FAQ
Does a will have to be notarized in Maryland?
Not for an ordinary paper will — two credible witnesses attesting in your presence is the requirement (§ 4-102). Notarization or attorney certification does play a central role in Maryland’s electronic-will pathways.
Can I sign a will electronically in Maryland?
Yes. Maryland allows electronic and remotely witnessed wills through two routes — attorney-supervised, or testator-created with notary acknowledgment (§ 4-102(c)–(d)). You must be located in Maryland, and remote witnesses must be US residents.
Are handwritten wills legal in Maryland?
Only for members of the armed services who sign outside the United States, and only until one year after discharge (§ 4-103). Everyone else needs two witnesses.
What happens if I die without a will in Maryland?
Your spouse or registered domestic partner takes the entire estate — unless you leave a minor child (then one-half), or a child from outside the marriage (then $100,000 plus half the residue) (§ 3-102). The old $40,000 setaside and the surviving-parent share no longer apply.
Do registered domestic partners inherit in Maryland?
Yes — § 3-102 gives a registered domestic partner the same intestate share as a spouse.
Does a will avoid probate or Maryland’s death taxes?
Neither. Wills are administered through the Register of Wills, and Maryland’s estate tax and inheritance tax apply regardless. Trusts, beneficiary designations, and joint titling are the probate-avoidance tools.
Maryland Law Cited on This Page
- Md. Est. & Trusts § 4-102 — execution; electronic and remotely witnessed wills
- Md. Est. & Trusts § 4-103 — wills of persons in the armed services
- Md. Est. & Trusts § 3-102 — share of surviving spouse or registered domestic partner
Update log — August 2026: page created; all statutory requirements verified directly against the Estates and Trusts Article on the Maryland General Assembly’s site, including the current § 3-102 intestacy shares (which supersede the older $40,000 and surviving-parent provisions still cited elsewhere). Reviewed when Maryland law changes.