How to Create a Valid Will in Maryland: A Simple Guide for Families

Creating a will is one of the most important steps you can take to protect your family and your property. Many people put it off because they think it will be complicated, expensive, or stressful. But in Maryland, making a valid will is easier than most people expect. With the right guidance and a clear plan, you can make sure your wishes are followed and your loved ones are cared for.

In this guide, we’ll walk through the basic rules for creating a valid will in Maryland, common mistakes to avoid, and why working with a trusted law firm like Grant, Riffkin & Strauss, P.C. can give you peace of mind.

What Exactly Is a Will?

A will is a legal document that explains what should happen to your property after you pass away. This includes your home, bank accounts, personal belongings, family heirlooms, and more. A will can also name a guardian for your minor children, which is one of the most important decisions parents can make.

If you do not have a will, the State of Maryland decides who receives your property. This is called “dying intestate.” The state’s plan might not match your wishes, so having a will ensures your voice is heard.

Maryland’s Legal Requirements for a Valid Will

Maryland has clear rules for what makes a will valid. These rules help prevent fraud and make sure the document truly reflects your wishes.

Here are the key legal requirements:

1. You Must Be at Least 18 Years Old

Maryland allows adults 18 and older to create a will. You must also be mentally capable, meaning you understand what the will says, what property you own, and who your family members are.

2. The Will Must Be in Writing

Maryland does not accept verbal wills. Your will must be written, either typed or handwritten. Most people use a typed will because it is clearer and harder to challenge later.

3. You Must Sign the Will

You must sign your will at the end of the document. Your signature shows that the will is your own and that you approve of everything written inside it.

4. Two Witnesses Must Sign the Will

In Maryland, two witnesses must watch you sign the will. They must also sign the will themselves. Witnesses should be adults who do not receive anything from the will, because that can create conflicts.

5. The Will Must Be Made Without Pressure

Your will must reflect your free and independent choices. If someone forces or pressures you to make certain decisions, the will can be challenged in court.

Choosing Your Personal Representative

A personal representative (sometimes called an executor) is the person who carries out the instructions in your will. You can choose a family member, a friend, or a professional. Make sure you pick someone responsible, organized, and trustworthy.

You can also name an alternate in case your first choice is unable or unwilling to serve.

Common Mistakes to Avoid

Even though Maryland’s rules are simple, many people make errors that cause problems later. Here are the most common mistakes:

Not Updating Your Will

Life changes—marriage, divorce, a new baby, buying a home, or losing a loved one can affect your plan. Maryland recommends reviewing your will every 3–5 years.

Not Using Proper Witnesses

If witnesses are beneficiaries, or if they do not sign correctly, the will may be challenged or rejected.

Using Online Templates Without Guidance

Online forms are tempting but risky. They may not follow Maryland law or they may leave out important details. These mistakes often cost families time and money during probate.

Not Storing the Will Safely

Your personal representative must be able to find your original will. Keep it in a safe but accessible place, and tell someone you trust where it is stored.

Why a Lawyer Can Make the Process Easier

While Maryland does not require you to hire a lawyer, the process is much smoother when you work with an experienced estate planning firm. A lawyer can:

• Make sure your will follows Maryland law

• Help you choose the best structure for your assets

• Explain how taxes, probate, and guardianship rules affect your plan

• Prevent mistakes that might cause disputes

• Provide clear guidance for your family’s future

Many families turn to Grant, Riffkin & Strauss, P.C. for this reason. Their team helps Maryland residents create strong, clear wills that protect their wishes and reduce stress for their loved ones.

Final Thoughts

Creating a will in Maryland is one of the smartest steps you can take to secure your family’s future. The process is not difficult, but it does require careful attention. By understanding Maryland’s rules, choosing the right witnesses, and updating your will when life changes, you can feel confident that your wishes will be honored.

If you want your will to be complete, secure, and legally sound, professional guidance can make all the difference. Reaching out to a trusted estate planning firm is a simple way to protect your family and gain peace of mind for the years ahead.