What the rule says
Maryland requires specific formalities for a valid will. Under Md. Code Ann., Est. & Trusts § 4-102, a valid Maryland will must satisfy:
1. A writing. The will must be in writing. 2. The testator's signature. The testator must sign the will, or another may sign at the testator's direction in the testator's presence. 3. Two credible witnesses. Two credible witnesses must attest the will by signing in the testator's presence.
Maryland's witnessing requirements are exact — witnesses must sign in the testator's presence. The witnesses do not need to sign in each other's presence, but each must observe (or hear acknowledgment of) the testator's signature.
Holographic wills not recognized
Maryland does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents. A handwritten unwitnessed will executed in Maryland is not valid. Limited exceptions apply to members of the armed forces in actual service.
Self-proving affidavits
Under Md. Code Ann., Est. & Trusts § 4-102, a will accompanied by a self-proving affidavit signed before a notary at execution can be admitted to probate without requiring witness testimony.
Witness-beneficiary issues
Maryland addresses witness-beneficiary issues. A gift to an attesting witness is generally void unless other disinterested witnesses validate the will.
What you can do about it
For a Maryland will execution:
- Have the testator and at least two disinterested witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents.
Who this affects most
Maryland's execution requirements are most consequential for anyone executing a will in Maryland and out-of-state residents who relocated with handwritten unwitnessed wills.