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Maryland Will Requirements

What each state’s probate code requires to execute a valid will: the minimum age, how many witnesses must sign, whether a notary is needed, whether handwritten wills count, and where electronic wills are authorised. Sortable, every cell cited to the statute and dated when it was read.

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Estimate only — not legal advice. This is the published math for Maryland will execution requirements, shown as a range. Your actual outcome depends on facts, evidence, and decisions this page cannot see.

Minimum age to make a will

The age rule moved to §4-102(a) in 2021; §4-101 is now the definitions section, so an older citation to §4-101 for age is stale.

Md. Est. & Trusts §4-102

18
Witnesses required at signing

Two or more credible witnesses attesting and signing in the testator's physical presence — or in the testator's electronic presence, where the will satisfies the separate electronic or remotely-witnessed will requirements.

Md. Est. & Trusts §4-102

2
Notary required to make the will valid

Not required for a conventional paper will. A notary does appear inside the certified-will machinery that converts an electronic or remotely witnessed will into a paper original.

Md. Est. & Trusts §4-102

No
Self-proving affidavit

Maryland has no statutory self-proving affidavit. A search of the entire Estates and Trusts article returns zero occurrences of 'self-proved' or 'self-proving', and subtitle 4 part I runs only from §4-101 to §4-107. An attestation clause operates as a common-law prima facie evidence device, not as a statutory self-proving instrument.

Md. Est. & Trusts §4-102

Not recognised
Handwritten (holographic) wills

Three cumulative conditions, and it expires. The will must be entirely in the handwriting of a testator serving in the armed forces, and must be SIGNED OUTSIDE the United States, DC or a US territory. It becomes void one year after discharge — unless the testator died within that year, or lacks testamentary capacity at the one-year mark.

Md. Est. & Trusts §4-103

Limited
Electronic wills

Chapter 686 of the Acts of 2021 (HB 1261), effective October 1, 2021 and applied retroactively to wills executed on or after March 10, 2020. Maryland did not adopt the Uniform Electronic Wills Act: it built a bespoke model requiring a supervising attorney and conversion into a 'certified will' — a paper original.

Md. Est. & Trusts §4-102(c)-(e); ch. 686, Acts of 2021

Authorised
Small-estate threshold

$50,000 or less, rising to $100,000 or less where the surviving spouse is the sole legatee or heir.

Md. Est. & Trusts §5-601(a), (c)

$50,000

These are execution requirements — what the probate code says a will must satisfy to be valid. They are not instructions for writing one, and this page does not tell you whether a will or a trust fits your situation. If you want to think that question through, the will-vs-trust quiz shows its reasoning, and an estate attorney licensed in Maryland answers it properly.

Compare against every verified state, or see which states allow electronic wills.

🎓 Understand this tool

What it is

A state-by-state table of what a probate code requires for a will to be validly executed: minimum age, witnesses, notarisation, self-proving affidavits, handwritten wills and electronic wills. It reports requirements. It does not explain how to write a will and does not supply language.

How it works

Each cell is transcribed from the state’s own probate code and carries that citation, plus the date someone read it. The categories are the ones states actually legislate on. Witness counts are near-universal at two, with Pennsylvania the outlier at none for validity. Notarisation is widely misunderstood: in almost every state it makes a will self-proving — meaning it can be admitted without tracking witnesses down years later — rather than making it valid. Louisiana is the exception, requiring a notary and two witnesses to execute. Roughly half of states recognise holographic wills, handwritten and unwitnessed, and a few recognise them only for armed-forces members.

Getting the most from it

  1. Find your state. Every figure links the statute it came from, so you can read the provision yourself.
  2. Read the witness row carefully — “none required” is a real answer where it appears, not missing data.
  3. Check the electronic column against the tracker, which separates statutes in force from statutes enacted with a future start date.
  4. Note the small-estate threshold if your state publishes one. It is the figure that decides whether full probate is likely to be involved at all.

Reading your result

These are execution requirements — the conditions a will must satisfy to be valid. Meeting them does not make a will a good one, does not mean it says what you intend, and does not resolve how an estate should be arranged. Requirements also change: a legislature can amend an execution rule or start an electronic wills act, which is why every cell carries the date it was verified.

What it can't tell you

This cannot draft a will, review one, tell you whether yours is valid, or tell you whether a will or a trust suits your situation. It does not cover revocation, amendment, undue influence, capacity disputes, or what happens when a will is contested. An estate attorney licensed in your state answers all of that.

Frequently asked questions

Two in almost every state, signing in the testator’s presence. Pennsylvania is the notable exception: a will can be valid there without witnesses at execution, and witnesses matter instead when the will is offered for probate. The table shows each state’s figure with the statute beside it.

Part of: What makes a will valid where you live

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