Estate plan requirements
Maryland
Everything you need to create a valid estate plan in Maryland: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
2W + N
Healthcare Dir.
2W
E-will
Adopted
Since 2021
Online notary (RON)
Authorized
Since 2020
Remote witnessing (ROW)
All docs
Since 2022
Community property
No
Minimum age
18
Will
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: Not available
Witnesses may need to testify during probate
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
Witnesses: 2 required
Maryland requires 2 witnesses for power of attorney execution
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
Witnesses: 2 required
Maryland requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
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.
Remote online notarization
Maryland authorized remote online notarization (RON) in 2020. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
Remote online witnessing
Maryland authorized remote online witnessing (ROW) in 2022. Witnesses can observe your signing via live video call for wills, trusts, powers of attorney, and healthcare directives.
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.