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
| Document | Witnesses | Notary |
|---|---|---|
| Will | 2 required | Recommended |
| Living trust | None required | Recommended |
| Power of attorney | 2 required | Required |
| Healthcare directive | 2 required | Not 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.
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
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
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
State-specific notes
ViewWarning notice for the principal
ViewMaryland statutory form categories (17)
ViewAgent acknowledgment wording
ViewWitness disqualification recital
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
ViewWitness disqualification recital
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 | Included in free | Included in paid tier |
| State-specific signing guide | Included in free | Included in paid tier |
| Download as PDF, print forever | Included in free | Included in paid tier |
| Secure online storage | Not in free | Included in paid tier |
| Covers real estate, business, digital, and funeral wishes | Not in free | Included in paid tier |
| Disposition of remains authorization | Not in free | Included in paid tier |
| Standalone HIPAA authorization | Not in free | Included in paid tier |
| Nomination of conservator | Not in free | Included in paid tier |
| Business succession declaration | Not in free | Included in paid tier |
| Real-estate retitling checklist | Not in free | Included in paid tier |
| Special needs trust provisions | Not in free | Included in paid tier |
| Letter of instruction, pre-filled and editable | Not in free | Included in paid tier |
| Edit anytime | Not in free | Included in paid tier |
| Annual review reminder | Not in free | Included in paid tier |
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.