Maryland Wills Laws

Created by FindLaw's team of legal writers and editors | Last reviewed April 18, 2023

Whenever we encounter wills in books, movies, or on TV, the circumstances always seem ominous. But exactly how do wills work? Put simply, a will is a person’s plan for what happens with his or her property after they die. Of course, none of us want to think about dying ourselves or losing a loved one, but it’s always better to have a plan in place when the inevitable happens. And the Old Line State has strict regulations on the way a will can be created, who can create one, and what it can cover. This is a brief summary of wills laws in Maryland. Click here to create a will in Maryland with help from FindLaw.

Wills Laws

A person's will could dictate anything from how the family business should be run to who gets a prized automobile. Maryland’s will statutes are generally similar to will laws in other states in most respects, and do not recognize oral, or non-written, wills.

Wills Laws in Maryland

Wills statutes in Maryland are highlighted in the chart below.

Code Section	Estates & Trusts §§4-101, et seq.
Age of Testator	18 years or older and legally competent
Number of Witnesses	Must be attested and signed in presence of testator by two or more credible witnesses.
Nuncupative (Oral Wills)	Not valid
Holographic Wills	Valid if made outside U.S. by person serving in U.S. Armed Forces (no attesting witnesses necessary) but is void after one year after testator's discharge unless testator has died or does not then possess testamentary capacity.

Understanding Wills

The terminology used in Maryland estate planning laws can sound like inscrutable legalese, so the laws can seem confusing when first encountering them. So for clarification:

The “testator” is the person whose after-death wishes are specified in the will;
A “nuncupative” or oral will is one that is spoken or otherwise unwritten, and are not legally binding in Maryland; and
A “holographic” will is a handwritten testament, which is only valid if it is executed by a U.S. Armed Forces serviceperson outside the country and only remains valid for one year.