Maryland Will and Trust Laws: Witnesses, Remote Wills (2026)

In Maryland, a person 18 or older who is legally competent may make a will (Md. Code, Est. & Trusts 4-102(a)). The will must be in writing, signed by the testator (or by another person for the testator, 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 testator's physical presence, or in the testator's electronic presence for an electronic or remotely witnessed will that meets the conditions in 4-102(c) or (d). An ordinary paper will does not need a notary. Living trusts are governed by the Maryland Trust Act, Title 14.5 of the Estates and Trusts Article (14.5-101).

Two Maryland rules stand out among the wills and trusts laws by state: the holographic-will section covers only a member of the U.S. armed services who signs a handwritten will outside the United States (4-103), and marriage followed by the birth or adoption of a child revokes every will made before the marriage (4-105(b)(3)).

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maryland statutes on making, signing, changing and revoking wills (Estates and Trusts Article, Title 4, with related sections of Titles 3 and 5) and on revocable living trusts (the Maryland Trust Act, Title 14.5). It does not cover what happens when someone dies without a will or how estate administration works (see Maryland probate), small-estate procedures (see the Maryland small estate affidavit page), powers of attorney (see Maryland power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Maryland advance directive tool.

What makes a will valid in Maryland?

Section 4-102(a) sets capacity: "Any person may make a will if the person is 18 years of age or older, and legally competent to make a will."

Section 4-102(b) sets the form:

"Except as provided in §§ 4-103 and 4-104 of this subtitle and subsection (f) of this section, every will shall be: (1) In writing; (2) Signed by the testator, or by some other person for the testator, in the testator's physical presence and by the testator's express direction; and (3) Attested and signed by two or more credible witnesses in: (i) The physical presence of the testator; or (ii) The electronic presence of the testator, provided that an electronic will or remotely witnessed will satisfies the requirements under subsection (c) or (d) of this section." (Md. Code, Est. & Trusts 4-102(b))

Section 4-101 defines the presence terms. "Physical presence" means "being close enough to see, hear, and speak with another individual without using electronic audio-visual means." "Electronic presence" means "two or more individuals communicating in real time using electronic audio-visual means to the same extent as if the individuals were in the physical presence of each other."

For an ordinary paper will, then, the witnesses attest and sign in the testator's physical presence. Section 4-102(b) contains no notary requirement.

Who can be a witness

Section 4-102(b)(3) requires "credible" witnesses. Subtitle 1 of Title 4 (sections 4-101 through 4-107) contains no section that addresses a gift to a person who witnesses the will, and the statute does not define "credible."

Wills signed outside Maryland

Under 4-104, if the testator is physically outside Maryland when executing the will, it is properly executed if it is in writing, signed by the testator (or by another person on the testator's behalf, in the testator's physical presence and by express direction), and executed in conformity with "(i) The provisions of § 4-102 of this subtitle; (ii) The law of the domicile of the testator; or (iii) The law of the place where the testator is physically located at the time the testator signs the will."

Electronic wills and remote witnessing

Maryland allows an electronic will (one with electronic signatures) and a remotely witnessed will (one where a witness attends by audio-video rather than in the same room). Maryland added electronic wills and remote witnessing by Chapter 686 of 2021 (House Bill 1261), effective October 1, 2021, which applies retroactively to any will executed on or after March 10, 2020. Chapter 177 of 2022 (Senate Bill 36), an emergency act that took effect when the Governor approved it on April 21, 2022, revised 4-102 to let the testator's acknowledgment and the witnesses' affidavits on the supervising-attorney path be made before the supervising attorney instead of a notary; in that case the supervising attorney may not be a witness. There are two paths, and each has its own conditions.

Path 1: with a supervising attorney (4-102(c))

A "supervising attorney" is "an individual who has been admitted to practice law before the courts of this State and is in good standing" (4-101(j)). Under 4-102(c):

• Everyone present together. When the testator and witnesses sign, "the testator and all witnesses shall be in the physical presence or electronic presence of one another and a supervising attorney." The supervising attorney may be one of the witnesses, unless the will is signed, acknowledged and sworn to before the supervising attorney under 4-102(c)(5)(iii)2.
• Testator's location. When signing, "the testator shall be a resident of, or physically located in, the State."
• Remote witnesses' location. Each witness who attends by electronic presence "shall be a resident of the United States and be physically located in the United States at the time the witness attests and signs the will."
• Same document. "The testator and witnesses shall sign the same will or any counterpart thereof."
• Certified will. The supervising attorney must create a certified will that includes a true, complete and accurate paper version of all pages with the signatures, and a signed original paper certification stating the date the attorney observed the signing and that the attorney took reasonable steps to verify the pages, the signatures, the identity and location of each remote witness, and the identity and residence or location of the testator. Under 4-102(c)(5)(iii), the certified will also includes "An acknowledgement of the testator and the affidavits of the attesting witnesses before" either a notary public, under seal, or the supervising attorney, attached or annexed to the will in substantially the form that item sets out.

Path 2: testator's certification before a notary (4-102(d))

Under 4-102(d), the testator and all witnesses must be in the physical or electronic presence of one another when they sign, and the residence, location and same-document conditions of 4-102(c)(2) through (4) apply. The testator then creates the certified will: a true, complete and accurate paper version of all pages with the signatures, and "An original paper certification signed and acknowledged by the testator in the physical presence or electronic presence of a notary public, who may not be one of the witnesses," stating the date of signing and that the testator took reasonable steps to verify the same facts required on the attorney path.

The certified will is the original

Under 4-102(e), once the certified will is created under either path, it "shall be deemed to be the original will of the testator for all purposes under this article," and the date of execution is the date stated in the certified will.

The COVID-era order provision

Section 4-102(f) addresses wills signed under Executive Order 20.04.10.01, which authorized remote witnessing and electronic signing of certain documents. Such a will is treated as properly signed and witnessed "if the will was signed and witnessed during the time that the executive order was in effect." The provision covers wills signed while that order was in effect; a will signed remotely today follows 4-102(c) or (d).

Does a Maryland will need to be notarized? Proving the will at probate

A notary is not part of the 4-102(b) rule for an ordinary will; a notary appears only in the certified will for an electronic or remotely witnessed will (4-102(c)(5)(iii) and 4-102(d)).

For a paper will signed and witnessed in the testator's physical presence (a will that is neither an electronic will nor a remotely witnessed will), Maryland has no self-proving affidavit procedure; sections 5-301 through 5-304 provide none. The only acknowledgment-and-affidavit step in Title 4, Subtitle 1 is part of the certified will on the supervising-attorney path for an electronic or remotely witnessed will: the testator's acknowledgment and the attesting witnesses' affidavits, made before a notary or the supervising attorney in the form 4-102(c)(5)(iii) sets out. For other wills, section 5-303 tells the register of wills how to treat execution:

"The register shall assume due execution of the will: (1) If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution" (Md. Code, Est. & Trusts 5-303(1))

Under 5-303(2), if the will does not so appear, or does not contain that recital, the register assumes due execution upon the verified statement of a person with personal knowledge of the circumstances of execution, "whether or not the person was in fact an attesting witness."

The witnesses' recital (an attestation clause describing the signing) is what lets the register assume due execution without a further statement. Probate procedure itself is covered on the Maryland probate page.

Are handwritten (holographic) wills valid in Maryland?

Only in one situation. Section 4-103(a) provides:

"A will entirely in the handwriting of a testator who is serving in the armed services of the United States is a valid holographic will if signed by the testator outside of a state of the United States, the District of Columbia, or a territory of the United States even if there are no attesting witnesses." (Md. Code, Est. & Trusts 4-103(a))

Such a will does not last indefinitely: under 4-103(b), "A holographic will is void one year after the discharge of the testator from the armed services unless the testator has died prior to expiration of the year or does not then possess testamentary capacity."

Any other handwritten will signed in Maryland must meet 4-102(b): signed by the testator and attested and signed by two or more credible witnesses. The exceptions 4-102(b) itself lists are 4-103, 4-104 and 4-102(f). Under 4-104, a written will signed while the testator is physically outside Maryland is properly executed if it conforms to 4-102, the law of the testator's domicile, or the law of the place where the testator signs it (see the section on wills signed outside Maryland above).

Are oral (nuncupative) wills valid in Maryland?

No. Section 4-102(b)(1) requires every will to be in writing, and sections 4-101 through 4-107 contain no provision for an oral will.

Is there a harmless-error rule?

Sections 4-101 through 4-107, which set Maryland's execution and revocation rules, contain no section that lets a court excuse a defect in how a will was signed or witnessed.

Incorporating other documents

Under 4-107, "The terms of any writing which is in existence when a will or trust instrument is executed" may be incorporated into the will or trust instrument by reference, "to the extent the language of the will or trust instrument manifests an intent to do so and describes the writing sufficiently to permit its identification." The writing must already exist when the will is signed.

Changing or revoking a Maryland will

Methods of revocation

Section 4-105(a) is strict: "Except as provided in subsection (b) of this section, a will, or any part of it, may not be revoked in any manner." Section 4-105(b) lists four ways:

1. A later will. By a provision in a subsequent, validly executed will that revokes a prior will or part of it "either expressly or by necessary implication," or that expressly republishes an earlier will that had been revoked by an intermediate will but still exists.
2. Physical act. "By burning, cancelling, tearing, or obliterating the will, by the testator, or by some other person in the testator's presence and by the testator's express direction and consent."
3. Marriage and a child. "By subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by the testator provided the child or the child's descendant survives the testator; and all wills executed before the marriage shall be revoked."
4. Divorce or annulment. Discussed below.

Reviving an earlier will

Under 4-106, if a testator makes a later will intended to revoke an earlier one, "the destruction or other revocation of the subsequent will does not revive the prior will unless the will is still in existence and is republished with the same formalities as are required for the execution of a will in this subtitle."

Divorce

For the will, 4-105(b)(4) applies to "an absolute divorce of a testator and the testator's spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator's will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree." The rest of the will stands.

A revocable trust has its own rule in the Maryland Trust Act. Section 14.5-604 applies to a final judgment of absolute divorce entered on or after October 1, 2016, or an annulment occurring on or after that date, unless the trust instrument, a court order or a written agreement between the settlor and the spouse or former spouse expressly provides otherwise. When it applies and the divorce or annulment occurs after the revocable trust was created:

• all trust terms relating to distributions to or for the benefit of the spouse are revoked, and the spouse is deemed to have died on the date of the divorce or annulment;
• a spouse serving as trustee or as an advisor to the trustee is removed on that date "without further court action"; and
• the former spouse may not serve as trustee or advisor or exercise any trust or fiduciary powers under the trust, including any power of appointment.

Sections 4-105(b)(4) and 14.5-604 address wills and revocable trusts; neither addresses beneficiary designations on life insurance or retirement accounts.

Children born or adopted after the will

Apart from the marriage-and-child rule in 4-105(b)(3), section 3-301(a) provides that a will "may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator." Under 3-301(b), such a child (or the child's issue) is entitled to a share determined under 3-302 and 3-303 if the will contains a legacy for a child of the testator but makes no provision for a later child, the child was born, adopted or legitimated after the will, the child or the child's issue survives the testator, and the will does not expressly state that the child should be omitted.

Slaying

Under 11-112, a "disqualified person," one "who feloniously and intentionally kills, conspires to kill, or procures the killing of the decedent," is treated as having disclaimed and is disqualified from benefiting from the decedent's death, probate estate or nonprobate property.

Limits on what a Maryland will can do

Spouse's elective share. Under 3-403, a surviving spouse may elect a share of the "estate subject to election": one-third of its value if there is surviving issue, or one-half if there is none, in each case "reduced by the value of all spousal benefits." Under 3-404(a), the augmented estate is calculated by totaling the probate estate, "All revocable trusts of the decedent," property over which the decedent held a qualifying power of disposition, qualifying joint interests and qualifying lifetime transfers. Under 3-407(a), the election must be made within the later of 9 months after the date of death or 6 months after the first appointment of a personal representative; within that period the spouse may petition for an extension, and for good cause the court may extend the time "for a period not to exceed 3 months at a time."

Omitted children. See 3-301 above.

No-contest clauses. Under 4-413, "If probable cause exists for instituting proceedings, a provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is void."

What happens to property with no valid will is covered on the Maryland probate page.

Keeping and delivering the original will

Under 4-202(a), a will may be deposited for safekeeping by the testator or the testator's agent with the register of wills of the county where the testator resides, and the register gives a receipt on payment of the required fee. After the testator's death, 4-203(b) requires a person with custody of the will to deliver it to the register for the county in which administration should be had, and under 4-203(c) a custodian who willfully fails or refuses "is liable to a person aggrieved for the damages sustained." Under 4-206, "The robbery or larceny of a will shall be punished in the same manner as the robbery or larceny of goods and chattels."

Revocable living trusts in Maryland

The trust code

Title 14.5 "may be cited as the Maryland Trust Act" (14.5-101). Under 14.5-1006(a), except as otherwise provided, it "applies to all trusts created before, on, or after January 1, 2015," and to judicial proceedings concerning trusts commenced on or after that date; a rule of construction or presumption in the title applies to trust instruments executed before January 1, 2015 "unless there is a clear indication of a contrary intent in the terms of the trust," and an act done before that date is not affected. Section 14.5-103(v) defines revocable as "revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Under 14.5-402(a), "A trust is created only if: (1) The settlor has capacity to create a trust; (2) The settlor indicates an intention to create the trust; (3) The trust has a definite beneficiary" (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose); "and (4) The trustee has duties to perform."

The Act sets no witness or notary requirement for a revocable trust. Section 14.5-406 provides: "Except as required by a provision other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and the terms of the oral trust may be established only by clear and convincing evidence."

A trust not created by will is validly created under 14.5-403 if it complies with the law of the place where the trust instrument was executed, or the law of the place where, at creation, the settlor was domiciled or a national, a trustee was domiciled or had a place of business, or any trust property was located.

Capacity

Under 14.5-601(a), the capacity required "to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will." Under 14.5-601(c), a settlor's later incapacity "does not convert a revocable trust into an irrevocable trust."

Revocable by default, with a date limit

Section 14.5-602(a) provides: "(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. (2) This subsection does not apply to a trust created under an instrument executed before January 1, 2015."

How to revoke or amend

Under 14.5-602(c), the settlor may revoke or amend a revocable trust:

• "By substantially complying with a method to revoke or amend the trust provided in the terms of the trust"; or
• if the terms provide no method, or the method is not expressly made exclusive, by "A later will or codicil that expressly refers to the trust or specifically devises property that would have passed otherwise according to the terms of the trust," or by "Another method manifesting clear and convincing evidence of the intent of the settlor."

Two related rules: where more than one settlor created or funded the trust, each may revoke or amend as to the portion attributable to that settlor's contribution (community property follows its own rule), and the trustee must promptly notify the other settlors (14.5-602(b)); and an agent under a power of attorney may revoke, amend or direct distributions "only to the extent expressly authorized by the terms of the trust and the power of attorney" (14.5-602(e)).

Duties while the settlor is alive

Under 14.5-603(a), while a trust is revocable, "rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee are owed exclusively to the settlor." Under 14.5-603(b), if the settlor lacks capacity to revoke, a beneficiary to whom lifetime distributions may be made may enforce the trust as if it were irrevocable.

Certification of trust

Under 14.5-910(a), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust" containing listed information, including that the trust exists and the date it was executed, the settlor's identity, the currently acting trustee, the trustee's powers in the pending transaction, and whether the trust is revocable. Section 14.5-910(c) requires the certification to state that the trust has not been revoked, modified or amended in a way that would make its representations incorrect.

Creditors

Under 14.5-508(a)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the creditors of the settlor." Under 14.5-508(a)(5), after the settlor's death, and subject to subsection (b) and the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at death is subject to the settlor's creditors' claims. If an estate proceeding other than a small estate proceeding is opened, 14.5-508(b)(1) provides that the trust property is not subject to creditors' claims that were not properly presented in that proceeding within the time periods in 8-103 or that were disallowed and barred under 8-107.

After the settlor dies: notice and the contest deadline

Under 14.5-813(b)(1)(ii), within 90 days after a trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the identity of the settlor, the right to request a copy of the trust instrument and the right to a trustee's report. Under 14.5-813(e), this notice duty does not apply to a revocable trust that became irrevocable before January 1, 2015.

Section 14.5-605 sets a short contest deadline:

"A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the death of the settlor within the earliest of: (1) 1 year after the death of the settlor; or (2) 6 months after the trustee sends the person a copy of the trust instrument and a notice informing the person of the existence of the trust, the name and address of the trustee, and the time allowed for commencing a proceeding." (Md. Code, Est. & Trusts 14.5-605)

Pour-over wills

Maryland's pour-over section, 4-411, has a timing condition. A legacy may be made to the trustee of "a written inter vivos trust" if "the trust instrument has been executed and is in existence prior to or contemporaneously with the execution of the will and is identified in the will," regardless of the size of the trust corpus or whether the settlor is the testator or someone else (4-411(a)).

Under 4-411(b), the legacy is valid "even if the trust is subject to amendment or modification or may be terminated or revoked after the will is executed," or if the trust instrument or an amendment was not executed with will formalities. Unless the will provides otherwise, the legacy follows the trust terms as they stand at the testator's death, including amendments; the property passes from the personal representative to the trustee and is not held under a separate testamentary trust; and "An entire revocation of the trust prior to the death of the testator makes the legacy inoperative" (4-411(c)).

Maryland wills and trusts at a glance

Making a will in practice

The site's free Maryland will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 4-102: an ordinary will needs two or more credible witnesses who attest and sign in the testator's physical presence, and a remotely witnessed or electronic will must follow every condition of 4-102(c) or (d). Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Maryland. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Maryland probate
• Maryland small estate affidavit
• Maryland power of attorney laws

This article provides general legal information about Maryland law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Maryland or the register of wills in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Maryland?

Two or more credible witnesses, who attest and sign in the testator's physical presence (Est. & Trusts 4-102(b)(3)). Witnesses may attend by audio-video only for an electronic or remotely witnessed will that meets every condition of 4-102(c) or (d).

Is a handwritten will valid in Maryland?

The holographic-will section covers only a will written entirely by a member of the U.S. armed services and signed outside the United States (4-103(a)); it becomes void one year after discharge unless the testator has died or lacks capacity then. A handwritten will signed in Maryland otherwise needs two or more credible witnesses under 4-102(b); a will signed outside Maryland can also be valid under the law of the testator's domicile or of the place of signing (4-104).

Does a will have to be notarized in Maryland?

No for an ordinary paper will; 4-102(b) does not require a notary. For an electronic or remotely witnessed will, the certified will includes an acknowledgment before a notary on the 4-102(d) path, and before a notary or the supervising attorney on the 4-102(c) path.

Does Maryland have a self-proving affidavit?

Not for a paper will witnessed in the testator's physical presence. Under 5-303, the register assumes due execution if the will appears duly executed and contains the attesting witnesses' recital, or otherwise on the verified statement of a person with personal knowledge of the signing. On the supervising-attorney path for an electronic or remotely witnessed will, the certified will includes the testator's acknowledgment and the witnesses' affidavits before a notary or the supervising attorney (4-102(c)(5)(iii)).

Can I sign a will with remote witnesses in Maryland?

Yes, under 4-102(c) with a supervising attorney or under 4-102(d) with the testator's certification acknowledged before a notary. The testator must be a Maryland resident or located in Maryland when signing, remote witnesses must be U.S. residents located in the U.S., and a certified paper will must be created.

Are oral wills valid in Maryland?

No. Section 4-102(b)(1) requires every will to be in writing, and sections 4-101 through 4-107 contain no provision for an oral will.

Does divorce revoke a will in Maryland?

An absolute divorce or annulment after the will revokes the will's provisions relating to the spouse, and only those provisions, unless the will or decree provides otherwise (4-105(b)(4)). A separate trust-code rule with a date limit covers revocable trusts; see the divorce section above.

Does getting married revoke a will in Maryland?

Marriage alone does not, but marriage followed by the birth, adoption or legitimation of a child revokes all wills made before the marriage, provided the child or the child's descendant survives the testator (4-105(b)(3)).

Is a living trust revocable in Maryland?

Yes, unless its terms expressly make it irrevocable (Est. & Trusts 14.5-602(a)). That default does not apply to a trust created under an instrument executed before January 1, 2015.

How long do you have to contest a revocable trust in Maryland?

Under 14.5-605, within the earlier of one year after the settlor's death or six months after the trustee sends the person a copy of the trust instrument and the notice that section describes.

Can a spouse be left out of a will in Maryland?

A surviving spouse may elect one-third of the estate subject to election if there is surviving issue, or one-half if there is none, reduced by spousal benefits (3-403). The election is due within the later of 9 months after death or 6 months after the first appointment of a personal representative (3-407(a)).