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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

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Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Maryland once signed the way Maryland requires.

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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 codifies no self-proving affidavit for an ordinary paper will. Md. Est. & Trusts §4-102(b) states the whole of what an ordinary will requires (writing, the testator's signature, and two credible witnesses attesting and signing in the testator's physical presence) and says nothing about an affidavit. The only affidavit forms in the subtitle are at §4-102(c)(5)(iii), a notary form and a supervising-attorney form, and both are components of the certified will that a supervising attorney or the testator must create for an electronic or remotely witnessed will under §§4-102(c)-(d). A notarized affidavit on an ordinary Maryland will is therefore useful evidence rather than a statutory self-proving certificate, and the affidavit this packet prints is written in the recitals §4-102(c)(5)(iii)1 uses so that what the witnesses swear tracks the presence §4-102(b)(3)(i) requires.

State-specific notes

•In Maryland, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.
ViewSelf-proving affidavit wording
STATE OF MARYLAND COUNTY OF _______________ Before me, the undersigned notary public, on this day personally appeared {testatorName}, _______________, and _______________, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me duly sworn, {testatorName}, the testator, declared to me and to the witnesses in my physical presence that the said instrument is the testator's will, that the testator is of sound mind, and that the testator had willingly signed or willingly directed another to sign the will under no constraint or undue influence, and executed it in the physical presence of the witnesses as a free and voluntary act for the purposes therein expressed, and that the witnesses, in the physical presence and at the request of the testator, signed the will as witnesses, and that to the best of the witnesses' knowledge the testator was at least 18 years old, of sound mind, and under no constraint or undue influence. ___________________________________ Testator ___________________________________ Witness ___________________________________ Witness Subscribed, sworn and acknowledged before me by {testatorName}, the testator, and subscribed and sworn to before me by _______________ and _______________, witnesses, this __________ day of _______________, __________. ___________________________________ Notary Public My commission expires: ___________________________________ (Affix official seal)
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

Certification of trust: Md. Code, Est. & Trusts §14.5-910

Maryland lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Maryland Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust.

3

Statutory Form Limited 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

•Fourteen subject categories on the §17-203 Statutory Form Limited Power of Attorney, each with an initial line under every authority it lists: real property; tangible personal property; stocks and bonds; commodities; banks and other financial institutions; operation of an entity or a business; insurance and annuities; estates, trusts, and other beneficial interests; claims and litigation; personal and family maintenance; benefits from governmental programs or civil or military service; retirement plans; taxes; gifts and transfers
•Thirteen 'Grant of Specific Authority' lines each need the principal's separate initials: gifts or transfers without restriction on amount, gifts or transfers in favor of the agent, creating and funding an inter vivos trust or ABLE account, amending or revoking an existing trust, gifts for benefit-program eligibility, rights of survivorship, beneficiary designations, delegating the agent's authority, waiving a joint and survivor annuity, exercising delegable fiduciary powers, disclaiming property, digital assets, and demanding delivery of the principal's will
•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

•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
PLEASE READ CAREFULLY (Md. Code Ann., Est. & Trusts §17-203) This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). You need not give to your agent all the authorities listed below and may give the agent only those limited powers that you specifically indicate. This power of attorney gives your agent the right to make limited decisions for you. You should very carefully weigh your decision as to what powers you give your agent. 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. If you choose to make a grant of limited authority, you should check the boxes that identify the specific authorization you choose to give your agent. This power of attorney does not authorize the agent to make health care decisions for you. 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. Your agent is not entitled to compensation unless you indicate otherwise in the special instructions of this power of attorney. If you indicate that your agent is to receive compensation, your agent is entitled to reasonable compensation or compensation as specified in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are required to act together unanimously unless you specify otherwise in the Special Instructions. If your agent is unavailable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
ViewStatutory categories (27)
General categories: A. Real Property B. Tangible Personal Property C. Stocks and Bonds D. Commodities E. Banks and Other Financial Institutions F. Operation of an Entity or a Business G. Insurance and Annuities H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate estates, guardianships, conservatorships, escrows, or custodianships or funds from which the principal is, may become, or claims to be entitled to a share or payment) I. Claims and Litigation J. Personal and Family Maintenance K. Benefits from Governmental Programs or Civil or Military Service (including any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid) L. Retirement Plans (including a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code: (1) An individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) A Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) A deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 408(q); (4) An annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. § 403(b); (5) A pension, profit–sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) A nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. § 409A) M. Taxes N. Gifts and Transfers Powers that must be granted separately: Take any of the actions I have authorized in section N of this power of attorney without restriction on the amount of the gift or transfer (Md. Est. & Trusts §17-203) Take any of the actions I have authorized in section N of this power of attorney in favor of my agent (Md. Est. & Trusts §17-203) Create and fund an inter vivos trust, including a special needs trust, any trust authorized under § 1917 of the federal Social Security Act, or a third–party special needs trust, or establish and fund an ABLE account as defined under § 529A of the Internal Revenue Code, for the benefit of the principal or the principal’s family, heirs at law, or descendants, or any other person designated by the principal as a beneficiary under an existing will, trust, or other instrument (Md. Est. & Trusts §17-203) Amend, revoke, or terminate an existing inter vivos trust if the trust expressly authorizes that action by the agent (Md. Est. & Trusts §17-203) Make a gift, subject to any special instructions in this power of attorney, including a gift of the principal’s assets to assist the principal in meeting the eligibility requirements and qualifying for a governmental benefit or program, including gifts to or in favor of my agent who is my spouse or descendant (Md. Est. & Trusts §17-203) Create or change rights of survivorship (Md. Est. & Trusts §17-203) Create or change a beneficiary designation, subject to any special instructions in this power of attorney; and, if I wish to authorize my agent to designate the agent, the agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this authority within the special instructions of this power of attorney or in a separate power of attorney (Md. Est. & Trusts §17-203) Authorize another person to exercise the authority granted under this power of attorney (Md. Est. & Trusts §17-203) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan (Md. Est. & Trusts §17-203) Exercise fiduciary powers that the principal has authority to delegate (Md. Est. & Trusts §17-203) Disclaim or refuse an interest in property, including a power of appointment (Md. Est. & Trusts §17-203) In accordance with the Maryland Fiduciary Access to Digital Assets Act, access and take control of (1) the content of any of my electronic communications, (2) any catalogue of electronic communications sent or received by me, and (3) any other digital asset in which I have a right or interest (Md. Est. & Trusts §17-203) Demand the delivery of the principal’s will from the custodian of the will and, on delivery of the principal’s will, take custody of the will subject to the requirements of Title 4, Subtitle 2 of the Estates and Trusts Article (Md. Est. & Trusts §17-203)
ViewAgent acknowledgment wording
IMPORTANT INFORMATION FOR AGENT (Md. Code Ann., Est. & Trusts §17-203) Agent's Duties. When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes on you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must: (1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) Act with care, competence, and diligence for the best interest of the principal; (3) Do nothing beyond the authority granted in this power of attorney; and (4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent. Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) Act loyally for the principal's benefit; (2) Avoid conflicts that would impair your ability to act in the principal's best interest; (3) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (4) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (5) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. Termination of Agent's Authority. You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include: (1) Death of the principal; (2) The principal's revocation of the power of attorney or your authority; (3) The occurrence of a termination event stated in the power of attorney; (4) The purpose of the power of attorney is fully accomplished; or (5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. Liability of Agent. The meaning of the authority granted to you is defined in the Maryland Power of Attorney Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.
ViewWitness disqualification recital
I am an adult, and I attested and signed this Power of Attorney in the physical presence of the principal and of the other witness (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 if acting in good faith.
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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. The free packet includes it too whenever it has a healthcare directive.

In this state: States the elements Md. Health-Gen. §4-303, subsection (b), requires of an authorization to disclose a medical record, including the one-year ceiling on its validity and the redisclosure specification of (b)(5), and the mental health overlay in §4-307 with its personal-note carve-out.

Designation of Guardian of the Person and Property

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.

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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. 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

Not 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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