Estate plan
Maryland
Everything to plan your estate in Maryland: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
2W + N
HC Directive
2W
E-will
Adopted
Since 2021
RON
Since 2020
Remote online notarization
ROW
All documents
Remote online witnessing
Community property
No
Minimum age
18
Will
Md. Est. & Trusts §4-101 et seq.
Witnesses: 2 required
Two credible witnesses must sign in the presence of the testator
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Maryland does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
Maryland Estates and Trusts §4-102(c)(5)(iii) provides two statutory affidavit forms (notary form and supervising-attorney form), but the self-proving framework is housed within the electronic-will and remotely-witnessed-will provisions of §§4-102(c)–(d). The baseline subsection (b) requirements for ordinary paper wills do not codify a self-proving affidavit, though notarized affidavits are accepted in Maryland probate practice.
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Md. Code, Est. & Trusts §17-101 et seq.
Last verified: 2026-04
Witnesses: 2 required
Maryland requires 2 witnesses for power of attorney execution
Notarization: Required
Notarization is required for a valid durable power of attorney
Key features of Maryland POA
State-specific notes
ViewStatutory categories (17)
Advance Directive
Md. Code Health-Gen. §5-601 et seq.
Witnesses: 2 required
Two witnesses required. Md. Code, Health-Gen. §5-602. At least 1 must not be a relative, heir, or healthcare provider
Notarization: Not required
Notarization is not required but may be accepted
Document sections
State-specific notes
6 more documents with Will.com Plus
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
Electronic will status
Maryland has adopted electronic will legislation (2021). You may be able to create, sign, and witness a will electronically using approved methods.
Digital assets access
Maryland has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
Maryland authorized RON in 2020.
Will
Allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
Maryland allows remote online witnessing for all estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Authorized by HB 1261 of 2021 (Ch. 686), effective Oct 1, 2021; clean-up amendments in SB 36 of 2022 (Ch. 177). The statute requires a Maryland-licensed supervising attorney and that the testator be a Maryland resident or physically located in Maryland at execution.
Will
Allowed
Trust
Allowed
POA
Allowed
HC Directive
Allowed
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Maryland for guidance specific to your situation.