Maryland estate planning
Maryland will, trust & power-of-attorney requirements
Maryland sets its own rules for how an instrument must be signed and witnessed, whether it needs a notary, and how estates are taxed. The requirements below are drawn from the same attorney crafted & attorney verified Maryland rule set Estateur drafts against — every Maryland will, revocable living trust, and power of attorney is generated to these formalities and validated against them before delivery.
Maryland estate planning at a glance
| Will witnesses required | two witnesses |
|---|---|
| Will must be notarized | No (self-proving affidavit optional) |
| Self-proving affidavit | Not available by statute |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Permitted by statute |
| State estate tax | Yes — 2025 exemption $5 million |
| State inheritance tax | Yes |
| Community property | No (separate / common-law property) |
General information, not legal advice. Figures such as tax exemptions change; confirm current requirements with the Maryland courts or department of revenue.
How to make a valid will in Maryland
A Maryland will must be in writing and signed by the testator in front of two witnesses. Maryland does not offer a statutory self-proving affidavit, so the attesting witnesses may need to be located to prove the will at probate. Maryland does not recognize handwritten (holographic) wills — the witness requirement applies regardless. Maryland permits electronic wills under its own statute.
Living trusts & avoiding probate in Maryland
A will still has to pass through Maryland probate — a public, court-supervised process — before assets reach the beneficiaries. A revocable living trust holds assets during life and transfers them at death without probate, which is usually faster and stays private. Whether a trust is warranted turns on the client’s real property, the size and complexity of the estate, and the planning objectives.
Estateur drafts either structure on your instruction, and every trust-based matter generates the pour-over will as a companion instrument, with the plan-level consistency checks run across the set.
Powers of attorney & healthcare directives in Maryland
Estateur drafts the financial power of attorney to Maryland's signing rules and generates matching execution instructions; because requirements vary, notarization is recommended so banks and title companies will honor it.
A Maryland healthcare directive must be signed before two qualified witnesses. (Md. Code Ann., Health-Gen. § 5-602)
A complete plan also includes a HIPAA authorization so the healthcare agent can actually obtain the client's medical information. Estateur drafts each of these to Maryland's signing rules and generates the matching execution instructions.
Maryland estate & inheritance tax
Maryland levies both a state estate tax (2025 exemption $5 million) and a separate inheritance tax paid by certain beneficiaries. Both are in addition to any federal estate tax.
Estate-tax exemption amounts are 2025 figures and change annually. Confirm current thresholds with the Maryland department of revenue.
Maryland statutes referenced
- Md. Code Ann., Est. & Trusts §§ 4-102, 5-303
- Md. Code Ann., Health-Gen. § 5-602
Maryland estate planning: common questions
- How many witnesses does a will require in Maryland?
- Maryland requires two witnesses to the testator's signature (Md. Code Ann., Est. & Trusts §§ 4-102, 5-303). Maryland has no statutory self-proving affidavit, so the attesting witnesses may have to be located to prove the will later. Maryland does not recognize handwritten (holographic) wills.
- Does Maryland permit electronic wills?
- Yes — Maryland permits electronic wills under its own statute. Estateur still generates full execution instructions for the selected method, since the formalities differ from a traditional attested signing.
- What are the signing requirements for a financial power of attorney in Maryland?
- Estateur drafts the financial power of attorney to Maryland's signing rules and generates matching execution instructions; because requirements vary, notarization is recommended so banks and title companies will honor it.
- Does Maryland have an estate tax or inheritance tax?
- Maryland levies both a state estate tax (2025 exemption $5 million) and a separate inheritance tax paid by certain beneficiaries. Both are in addition to any federal estate tax.
- How does Estateur handle Maryland-specific requirements?
- Estateur drafts each instrument against Maryland's attorney crafted & attorney verified rule set, including execution formalities, mandatory and prohibited clauses, and statutory citations. It then runs required checks before delivery. Every Maryland document includes a matching execution checklist. Estateur is a self-help document preparation service, not a law firm.
Build your Maryland estate plan
Estateur guides you through a plain-English interview and prepares Maryland instruments drafted against the verified rule set above, validated before they reach you, and delivered with execution instructions for a flat one-time price.
Estateur is a self-help document preparation service, not a law firm, and does not provide legal advice. Information on this page reflects Maryland law in general terms and may change.
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