Estate plan requirements

Maryland

Everything your estate plan needs to be valid in Maryland: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorney2 requiredRequired
Healthcare directive2 requiredNot required

Your complete Maryland estate plan

Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Maryland.

$29per year · cancel anytime

  • Your answers stay private, encrypted in your browser.
  • You keep every document you made.
  • Edit any document any time as life changes.

Maryland content last reviewed August 14, 2026.

1

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.

ViewWitness disqualification / interested-witness rule
Maryland has no purging statute; Md. Est. & Trusts §4-102(b)(3) requires only 'credible' witnesses, so an interested witness (including a beneficiary) may attest without forfeiture or invalidation. Best practice is still to use two disinterested witnesses. The narrow exception is the remotely-witnessed-will pathway: per Md. Est. & Trusts §4-102(d)(3)(ii), the notary public certifying a remotely-witnessed will may not also be one of the two attesting witnesses. This contrasts with the §17-110(b) POA rule, where the notary CAN double-count as one of the two POA witnesses.
2

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

3

Personal Financial Power of Attorney

Md. Code, Est. & Trusts §17-101 et seq.

Last verified: 2026-05

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

Subject-specific authority categories matching the §17-202 Personal Financial Power of Attorney form: real property; tangible personal property and motor vehicles; stocks and bonds; banks and other financial institutions; insurance and annuities; claims and litigation; governmental benefits; retirement plans; taxes; digital assets; trust and estate matters
Optional 'Grant of Specific Authority' (hot powers) requires separate express initials: gifts and transfers, joint accounts and beneficiary designations, disclaimers
Durability is presumed under Md. Est. & Trusts §17-105(c): a written power of attorney is durable unless otherwise provided by its terms
Notary may count as one of the two required witnesses under §17-110(b)
For a power of attorney executed on or after October 1, 2010, requires BOTH 2 witnesses AND notary under §17-110(a)

State-specific notes

Requires both two witnesses AND a notary (Md. Code, Est. & Trusts §17-110)
The notary may count as one of the two required witnesses
Both witnesses must sign in the presence of the principal and of each other (Md. Code, Est. & Trusts §17-110(a)(4)). Signing at separate times, or with one witness out of the room, does not satisfy the statute.
Signing your POA remotely: except for an electronic power of attorney used in connection with a real estate transaction, an electronic or remotely witnessed power of attorney must be signed with the principal, all witnesses and a supervising attorney in one another's physical or electronic presence, with the principal a Maryland resident or physically located in Maryland, all witnesses located in the United States, and the supervising attorney creating a certified paper power of attorney (Md. Code, Est. & Trusts §17-110(c)). Signing in person avoids all of this.
ViewWarning notice for the principal
IMPORTANT INFORMATION AND WARNING (Md. Code, Est. & Trusts §17-202) You should be very careful in deciding whether or not to sign this document. The powers granted by you (the principal) in this document are broad and sweeping. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. You need not grant all of the powers listed below. If you choose to grant less than all of the listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney and mark on that Maryland Statutory Form Limited Power of Attorney which powers you intend to delegate to your attorney-in-fact (the Agent) and which you do not want the Agent to exercise. You should understand that granting your agent the authority to take actions under this power of attorney may: (1) Significantly reduce your property and limit your access to your assets; (2) Change how your property is distributed under your existing estate plans to your heirs or others on your death; or (3) Result in tax consequences to yourself or others. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. You should obtain competent legal advice before you sign this power of attorney if you have any questions about the document or the authority you are granting to your agent.
ViewMaryland statutory form categories (17)
These are the categories in Maryland's statutory power of attorney form. The durable power of attorney we generate is not a reproduction of that form: it grants general authority by article, and grants the powers below that require separate authorization by initialed line, so these lettered categories do not appear in your document. General categories: A. Real property transactions B. Tangible personal property transactions C. Stocks, bonds, and securities transactions D. Banking and financial institution transactions E. Business operating transactions F. Insurance and annuity transactions G. Estate, trust, and other beneficiary transactions H. Claims and litigation I. Personal and family maintenance J. Benefits from governmental programs or civil or military service K. Retirement plan transactions L. Tax matters Hot powers (require separate authorization): 1. Make gifts on my behalf (Md. Est. & Trusts §17-202) 2. Create, amend, revoke, or terminate an inter vivos trust 3. Change beneficiary designations on insurance, retirement, or other accounts 4. Authorize another person to exercise the authority granted under this Power of Attorney 5. Create or change rights of survivorship
ViewAgent acknowledgment wording
IMPORTANT INFORMATION FOR AGENT (Md. Code, Est. & Trusts §17-202) Simply because you are granted a power of attorney does not mean you should exercise it. You are bound by an utmost duty of loyalty to the interests of the principal. You may not act in your own self-interest. You are further limited by legal duties to the principal that govern your actions. When exercising the authority granted in this power of attorney, you shall consider the stated intentions of the principal regarding the principal's self-interest, family, estate, and taxes.
ViewWitness disqualification recital
I signed this Power of Attorney as a witness in the physical presence of the principal and of the other witness, or in the electronic presence of both, as required by Md. Code, Est. & Trusts §17-110(a)(4).
4

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

HIPAA authorization

State-specific notes

At least one of the two witnesses must not knowingly be entitled to any portion of the declarant's estate, or to any financial benefit by reason of the declarant's death. Md. Code, Health-Gen. §5-602(c)(2)(iii). A life insurance or payable-on-death beneficiary is caught by the second prong even though they take nothing from the probate estate.
The health care agent named in the directive may not serve as a witness to it. Md. Code, Health-Gen. §5-602(c)(2)(ii)
ViewWitness disqualification recital
Md. Health-Gen. §5-602(c)(2)(ii): the health care agent of the declarant may not serve as a witness. Under §5-602(c)(2)(iii), at least one of the two witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant or knowingly entitled to any financial benefit by reason of the death of the declarant. Otherwise, under §5-602(c)(2)(i), any competent individual may serve as a witness, including an employee of a health care facility, nurse practitioner, physician assistant, or physician caring for the declarant.
Subscription

6 more documents with a subscription

$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. paid

FreePaid
All 4 state-specific documentsIncluded in freeIncluded in paid tier
State-specific signing guideIncluded in freeIncluded in paid tier
Download as PDF, print foreverIncluded in freeIncluded in paid tier
Secure online storageNot in freeIncluded in paid tier
Covers real estate, business, digital, and funeral wishesNot in freeIncluded in paid tier
Disposition of remains authorizationNot in freeIncluded in paid tier
Standalone HIPAA authorizationNot in freeIncluded in paid tier
Nomination of conservatorNot in freeIncluded in paid tier
Business succession declarationNot in freeIncluded in paid tier
Real-estate retitling checklistNot in freeIncluded in paid tier
Special needs trust provisionsNot in freeIncluded in paid tier
Letter of instruction, pre-filled and editableNot in freeIncluded in paid tier
Edit anytimeNot in freeIncluded in paid tier
Annual review reminderNot in freeIncluded in paid tier
Get started

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 some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Not available on a will signed and witnessed without more. Md. Est. & Trusts §4-102(b)(3)(ii) admits attestation in the testator's electronic presence only where subsection (c) or (d) is satisfied, and each route requires a further instrument the signing itself does not produce: under (c) a Maryland-licensed supervising attorney must create a certified will, and under (d) the testator must create one, including an original paper certification acknowledged before a notary public who is not one of the witnesses. Both routes also require the testator to be a Maryland resident or physically located in Maryland at execution and every remote witness to be a United States resident physically located in the United States; counterparts are permitted. Authorized by HB 1261 of 2021 (Ch. 686), effective Oct 1, 2021, with clean-up amendments in SB 36 of 2022 (Ch. 177). It does not extend to inter vivos trusts, which under the Maryland Trust Act do not require witnesses at execution in any event.

Will

Not allowed

Trust

Not 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.

Also for Maryland

All states