How many witnesses does a will need in Maryland?

A will in Maryland must be signed in front of two witnesses. The witnesses do not need to be present together when they sign, but each must witness the testator's signature or acknowledgment. See Md. Est. & Trusts §4-101 et seq..

Does a will have to be notarized in Maryland?

No. Notarization is not required for a Maryland will to be valid, but adding a self-proving affidavit (which is notarized) lets the will be admitted to probate without calling the witnesses to testify.

Is a handwritten will valid in Maryland?

No. Maryland does not recognize holographic wills. Every will must be signed in front of witnesses to be valid.

What is the minimum age to make a will in Maryland?

You must be at least 18 years old to make a will in Maryland.

Can I sign my will online in Maryland?

Yes. Maryland has adopted electronic will legislation (2021), so a will may be signed and witnessed entirely online when the statutory requirements are met. Remote online notarization is also available.

What documents make up a complete estate plan in Maryland?

A complete estate plan in Maryland usually includes four documents: a Last Will and Testament, a Revocable Living Trust, a Durable Power of Attorney, and a Healthcare Directive. Will.com generates all four together based on your answers.

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Maryland content last reviewed May 18, 2026.

Will

Trust

—

POA

2W + N

HC Directive

E-will

Adopted

Since 2021

RON

Since 2020

Remote online notarization

ROW

Some documents

Remote online witnessing

Community property

Minimum age

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements

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

Under the baseline §4-102(b) paper-will execution rule, interested witnesses (including beneficiaries) MAY serve as attesting witnesses without forfeiture or invalidation. 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.

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

•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 §17-105(c): a written power of attorney is durable unless the document expressly provides otherwise (Maryland reversed the older default in the 2010 enactment of the Maryland Power of Attorney Act)

•Notary may count as one of the two required witnesses under §17-110(b)

•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

ViewStatutory categories (17)

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 §17-203) 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 (sub-delegation under Md. Est. & Trusts §17-203) 5. Create or change rights of survivorship

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

•One witness cannot be a beneficiary of the principal's estate

ViewWitness disqualification recital

Md. Health-Gen. §5-602(c)(2)(ii): the health care agent of the declarant may not serve as a witness to the advance directive. Combined with the §5-602(c)(2)(i) rule that at least one witness must not knowingly be a beneficiary of the principal's estate or otherwise entitled to any portion of the declarant's estate, the practical result is that the named agent is structurally barred from witnessing and at least one second witness must be disinterested by estate-share.

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

Free

Paid

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

Secure online storage

Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

Edit anytime

Annual review reminder

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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. 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. The ROW framework is housed in Md. Est. & Trusts §4-102 (wills) and parallel POA/AD provisions; it does not extend to inter vivos trusts, which under the Maryland Trust Act do not require witnesses at execution in any event.

Will

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.

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