Maryland Last Will and Testament

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will.

Maryland has administrative probate for uncontested wills and judicial probate for contested wills. In either situation, the will must be filed with the Register of Wills in the county where the decedent resided at the time of death in order to open the estate, either as a small (valued at $50,000 or less) or regular estate.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Maryland in the absence of a will, a surviving spouse inherits the entire estate unless the decedent also has minor children, in which case the spouse and children each inherit half. If the children are adults, the spouse inherits $15,000 of intestate property plus half of the balance, and the descendants inherit the rest. A decedent’s parents are also entitled to a part of the estate if there is a surviving spouse but no children or descendants.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some common exceptions include the following:

• Property owned in joint tenancy with right of survivorship
• Property owned as tenants in the entirety
• Life insurance policy and retirement account proceeds
• Assets held in a revocable living trust

Form a last will in Maryland

The basic requirements for a Maryland last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: A Maryland will must be signed by at least two witnesses, who should not also be beneficiaries in the will.
• Writing: A Maryland will must be in writing.
• Beneficiaries: A testator can leave property to anyone.

Other recognized wills in Maryland

Maryland recognizes holographic (handwritten) wills only if made by those serving in the armed services of the United States and if signed outside the United States or its territories. Such a will is void one year after the testator’s discharge from service, subject to other restrictions.