How To Write A Will In Maryland: A Comprehensive Guide

Writing a will, also known as a Last Will and Testament, is a crucial step in estate planning. It allows you to dictate how your assets are distributed after your passing, ensuring your wishes are honored and potentially minimizing disputes among your loved ones. If you reside in Maryland, this comprehensive guide will walk you through everything you need to know about how to write a will in Maryland, covering legal requirements, best practices, and important considerations.

Understanding the Basics: What is a Will and Why Is It Important?

Before diving into the specifics, let’s clarify the fundamentals. A will is a legally binding document that outlines how your property and assets will be handled after your death. Without a valid will, your estate will be subject to Maryland’s intestacy laws, which dictate how your assets are distributed based on your family relationships. This process might not reflect your personal preferences and could lead to unintended consequences. Having a will gives you control over your legacy, protecting your family and ensuring your wishes are carried out.

Maryland law sets specific requirements for a will to be legally valid. Failing to meet these requirements could render your will invalid, leading to the same outcomes as dying without a will. Here are the key elements:

The Testator’s Capacity: Sound Mind and Body

The “testator” (the person writing the will) must be of sound mind when signing the document. This means they must understand they are signing a will, comprehend the nature of their assets, and understand who their beneficiaries are. They must also be at least 18 years old.

Formalities: Writing, Signature, and Witnesses

A will must be in writing. Maryland does not recognize oral wills (also known as nuncupative wills) except under very specific and limited circumstances, such as a soldier in active military service or a mariner at sea. The will must be signed by the testator, or by someone signing on their behalf, in the testator’s presence and under their direction. The will must also be witnessed by two or more credible witnesses, who must also sign the will in the testator’s presence. Proper witnessing is critical to the validity of the will.

Choosing Your Beneficiaries: Who Will Inherit?

One of the primary purposes of a will is to name your beneficiaries – the individuals or entities who will inherit your assets. You can name family members, friends, charities, or any other person or organization you choose. It’s crucial to clearly identify each beneficiary and specify the assets they will receive. Be precise and avoid ambiguity in your descriptions.

Drafting Your Will: Step-by-Step Instructions

Now let’s break down the process of actually drafting your will.

Step 1: Inventory Your Assets

Before you begin drafting, take an inventory of your assets. This includes real estate, bank accounts, investments, personal property (vehicles, jewelry, etc.), and any other valuable items you own. Determining the estimated value of each asset will help you decide how to distribute them in your will.

Step 2: Name Your Personal Representative (Executor)

The personal representative (also known as the executor) is the person responsible for administering your estate after your death. This person will be responsible for managing your assets, paying debts and taxes, and distributing assets to your beneficiaries. Choose someone you trust and who is capable of handling these responsibilities.

Step 3: Specify Your Beneficiaries and Their Inheritance

Clearly identify each beneficiary and the specific assets they will receive. If you are leaving a specific sum of money, state the amount. If you are leaving a specific piece of property, provide a detailed description. You can also create a residuary clause, which designates who will receive any assets not specifically mentioned in the will.

Step 4: Consider Guardianship for Minor Children

If you have minor children, your will should name a guardian to care for them in the event of your death. This is one of the most important functions of a will if you have children. You can also name an alternate guardian in case your first choice is unable or unwilling to serve.

Step 5: Prepare the Will and Sign It

Once you have completed the above steps, you can prepare the will. You can either use a will-writing software, a pre-printed will form, or, ideally, seek the assistance of an attorney. Once the will is prepared, it must be signed by you in the presence of the required witnesses.

Step 6: Witness and Notarize the Will

As mentioned earlier, your will must be witnessed by at least two credible witnesses. The witnesses must also sign the will in your presence. While not required in Maryland, you may consider having your will notarized. Notarization can provide extra assurance of its validity and can streamline the probate process.

Important Considerations When Writing Your Maryland Will

There are several additional factors to keep in mind when writing your will in Maryland.

Holographic Wills: Do They Exist in Maryland?

Maryland does recognize holographic wills, which are handwritten wills. However, to be valid, a holographic will must be entirely in the testator’s handwriting and signed by the testator. It does not require witnesses. While this may seem convenient, holographic wills can be prone to challenges and are best avoided unless you face an urgent situation.

Modifying Your Will: Amendments and Codicils

Life changes, and so should your will. You can modify your will by creating an amendment (also known as a codicil). A codicil is a separate document that amends or supplements your existing will. It must follow the same legal requirements as the original will (signed, witnessed, etc.). It’s important to regularly review your will and make updates as needed to reflect changes in your life, such as births, deaths, marriages, or significant changes in your assets.

Probate in Maryland: What to Expect

After your death, your will must be submitted to the Orphans’ Court for probate. Probate is the legal process of validating your will, identifying and valuing your assets, paying debts and taxes, and distributing your assets to your beneficiaries. While some assets, such as those held in a trust or those with beneficiary designations (e.g., life insurance policies, retirement accounts), may not be subject to probate, most assets will go through this process.

While it’s possible to write a will yourself, consulting with an experienced Maryland estate planning attorney is highly recommended. An attorney can help you navigate the complexities of Maryland law, ensure your will is properly drafted and executed, and offer valuable guidance on tax planning and other estate planning strategies. Their expertise can help you avoid common pitfalls and ensure your wishes are carried out effectively.

Frequently Asked Questions about Maryland Wills

Here are some common questions people have about writing a will in Maryland:

What happens if I die without a will in Maryland?

If you die without a will (intestate), Maryland’s intestacy laws will determine how your assets are distributed. Generally, assets are distributed to surviving spouses and children, or if there are no surviving spouse or children, to other relatives. This may not align with your wishes.

Can I disinherit a family member in my Maryland will?

Generally, yes, you can disinherit a family member in your will. However, there are some limitations. For example, a surviving spouse may be entitled to a certain share of your estate. If you choose to disinherit a family member, it’s crucial to clearly state your intentions in the will.

Are there any assets that are not covered by my will?

Yes. Certain assets, such as life insurance proceeds with a designated beneficiary, retirement accounts with a designated beneficiary, and assets held in a trust, will pass to the designated beneficiary or according to the trust terms, rather than through your will.

Can I change my will after it has been signed?

Yes, you can change your will at any time as long as you are of sound mind. You can do this by creating a codicil (an amendment to your will) or by drafting a new will that revokes the previous one.

How often should I review and update my will?

You should review your will every few years, or whenever there are significant life changes, such as a marriage, divorce, the birth or death of a family member, or a significant change in your assets.

Conclusion: Securing Your Legacy in Maryland

Writing a will is a vital step in estate planning, providing you with control over the distribution of your assets after your passing. This comprehensive guide provides a detailed overview of how to write a will in Maryland, outlining the legal requirements, step-by-step instructions, and important considerations. By understanding the basics, following the proper procedures, and seeking professional legal advice when needed, you can ensure that your wishes are honored and that your loved ones are protected. Taking the time to create a well-drafted will provides peace of mind, knowing you’ve taken the necessary steps to secure your legacy and provide for the future.