Free Maryland Last Will and Testament
Build a complete Maryland will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Maryland's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Maryland will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Maryland notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
In Maryland a properly witnessed Will is automatically self-proved, so no separate affidavit is needed.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Maryland: In Maryland, a valid will must be 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 two or more credible witnesses in the presence of the testator. No notary is required. Maryland wills are essentially auto-self-proved: a properly executed will can be admitted to probate without locating the witnesses, so a separate self-proving affidavit is not necessary. (Maryland added optional certified-will/attestation forms — one before a notary, one before a supervising attorney — chiefly for electronic and remote-witnessed wills under 2022 SB 36.) Maryland does not allow ordinary civilian holographic wills, except for armed-forces members serving overseas.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Maryland, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
Maryland does not give legal effect to a separate personal-property memorandum, so any specific items must be listed in this Will itself to be binding.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Maryland.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Maryland.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Will in Maryland
In Maryland, a valid will must be 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 two or more credible witnesses in the presence of the testator. No notary is required. Maryland wills are essentially auto-self-proved: a properly executed will can be admitted to probate without locating the witnesses, so a separate self-proving affidavit is not necessary. (Maryland added optional certified-will/attestation forms — one before a notary, one before a supervising attorney — chiefly for electronic and remote-witnessed wills under 2022 SB 36.) Maryland does not allow ordinary civilian holographic wills, except for armed-forces members serving overseas.
Maryland requires 2 witnesses: Attested and signed by two or more credible witnesses in the presence of the testator. Md. Code, Est. & Trusts §4-102(a). (Maryland permits electronic and remote witnessing under additional safeguards added by 2022 SB 36, including a supervising attorney for remotely/electronically witnessed wills.). Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. In Maryland, a correctly witnessed will is automatically self-proved, so you do not need a separate affidavit.
Can You Use a Handwritten (Holographic) Will in Maryland?
Holographic wills are valid ONLY if made by a member of the U.S. armed forces while serving outside the United States; such a will is void one year after discharge unless the testator then lacks testamentary capacity. Md. Code, Est. & Trusts §4-103. Holographic wills are NOT generally available to civilians. Even so, a typed will signed in front of witnesses is far less likely to be challenged, because handwritten wills are easy to get wrong (unclear gifts, no date, no witnesses) and invite disputes.
Spousal and Family Protections in Maryland
Can you disinherit your spouse? Cannot fully disinherit a spouse. The surviving spouse may elect against the will: 1/3 of the 'estate subject to election' if there is surviving issue, or 1/2 if there is no surviving issue, reduced by the value of spousal benefits. Maryland modernized this in 2020 to reach an AUGMENTED-ESTATE base (probate + certain non-probate transfers and inter vivos transfers) rather than just the probate estate, closing the old loophole of defeating the share with non-probate transfers. The right is absolute unless waived by a valid pre/post-nuptial agreement.
Children born after your will: Pretermitted-child statute (Est. & Trusts secs. 3-301, 3-302): a child born, adopted, or legitimated AFTER the will is executed takes a share if (1) the will leaves a legacy to a child of the testator but makes no provision for the after-born child, (2) the child/issue survive the testator, and (3) the will does not expressly state the child should be omitted. Share = the LESSER of the intestate share or the per-capita value of the legacies to the testator's children. NOTE: applies only to AFTER-born/adopted children, not to a child living and known when the will was signed (who can be disinherited). This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: Maryland's anti-lapse (4-403) is UNUSUALLY BROAD: a legacy does NOT lapse merely because the legatee predeceases the testator after the will was executed; the property passes to the persons who would have taken it had the legatee died (testate/intestate) owning it — and this is NOT limited to relatives of the testator (it applies to any predeceasing legatee), making it broader than the typical UPC 'grandparent-or-descendant' class. Creditors of the deceased legatee take no interest. Defeated by contrary intent expressly stated in the will. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: Maryland did NOT adopt the UPC 120-hour survival default for testate gifts; a beneficiary need only survive the testator (no automatic 5-day cushion). Maryland's simultaneous-death rules (Est. & Trusts Title 9) govern commorientes. Generator should add an express survivorship period (e.g., 30 days) because there is no statutory default cushion. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: An in terrorem clause is VOID if probable cause existed for instituting the proceedings (statutory probable-cause exception). Note: Maryland has had essentially no appellate decisions interpreting the statute, so it is enforced as written but rarely litigated.
Digital assets: Maryland has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Maryland does not give legal effect to a separate personal-property memorandum, so list any specific items in the will itself.
What Happens If You Die Without a Will in Maryland?
Maryland is not a UPC state and uses a $40,000 first-dollar formula. A surviving spouse takes everything only if the decedent left no children and no parents (or, when only parents survive, the couple was married at least five years). When children survive, the spouse takes half if any child is a minor, or the first $40,000 plus half the rest if all children are adults.
- Spouse, no children: The surviving spouse (or registered domestic partner) takes the entire intestate estate when there is no surviving issue and no surviving parent (Md. Est. & Trusts §3-102(a)).
- Spouse and shared children: Maryland does not separate joint vs. step children by lineage — it uses a minor-child test. If all surviving children are adults, the surviving spouse takes the first $40,000 plus 1/2 of the residue; the balance passes to the children. If there is any surviving MINOR child, the spouse takes 1/2 and the children take 1/2 (Md. Est. & Trusts §3-102(b)-(c)).
- Spouse and a child from another relationship: If there is no surviving minor child but there is surviving issue who are not issue of the surviving spouse (e.g., the decedent's children from another relationship), the spouse takes the first $40,000 plus 1/2 of the residue; the balance to the issue. If a minor child survives, the spouse takes 1/2 regardless of lineage (Md. Est. & Trusts §3-102).
- Children, no spouse: With no spouse, the net estate is divided equally among the surviving issue; descendants of a deceased child take that child's share by representation (Md. Est. & Trusts §3-103).
- No spouse or children: To surviving parents equally (or the surviving parent); then to issue of the parents (siblings and their descendants) by representation; then to grandparents and their issue; then to great-grandparents and their issue; otherwise to next of kin, ultimately escheating (Md. Est. & Trusts §3-104).
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Md. Code, Est. & Trusts §§ 3-102, 3-103, 3-104.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Maryland?
Yes, if you sign it correctly. Maryland requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Maryland will need to be notarized?
No. Maryland does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Maryland will need?
2 witnesses. Attested and signed by two or more credible witnesses in the presence of the testator. Md. Code, Est. & Trusts §4-102(a). (Maryland permits electronic and remote witnessing under additional safeguards added by 2022 SB 36, including a supervising attorney for remotely/electronically witnessed wills.) They should be adults who do not inherit under the will.
Can I leave my spouse out of my Maryland will?
Cannot fully disinherit a spouse. The surviving spouse may elect against the will: 1/3 of the 'estate subject to election' if there is surviving issue, or 1/2 if there is no surviving issue, reduced by the value of spousal benefits. Maryland modernized this in 2020 to reach an AUGMENTED-ESTATE base (probate + certain non-probate transfers and inter vivos transfers) rather than just the probate estate, closing the old loophole of defeating the share with non-probate transfers. The right is absolute unless waived by a valid pre/post-nuptial agreement.
What happens if I die without a will in Maryland?
Maryland is not a UPC state and uses a $40,000 first-dollar formula. A surviving spouse takes everything only if the decedent left no children and no parents (or, when only parents survive, the couple was married at least five years). When children survive, the spouse takes half if any child is a minor, or the first $40,000 plus half the rest if all children are adults.
Does a Maryland will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Maryland?
Generally 18. Any person 18 years of age or older and legally competent to make a will may do so. Md. Code, Est. & Trusts §4-101. You must also be of sound mind.
Can I write my will by hand in Maryland?
Maryland recognizes handwritten (holographic) wills, but they are easy to get wrong and easy to challenge. A typed, witnessed will is much safer.
Do I need a lawyer to make a will in Maryland?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Maryland requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Maryland estate-planning attorney. RecordingLaw.com is not a law firm.
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