What Is a Last Will or Testament?
A last will and testament is a written document that tells the court who should receive your property after you die, appoints someone you trust to carry out those directions, and lets you name guardians for children who are still minors.
Writing these instructions is crucial because, if a person dies without a will (intestate), state intestacy rules decide who gets your assets, which can leave out people or causes you care about. Moreover, nearly six out of ten Maryland adults do not have a valid will, so their families often face extra delays, costs, and stress during probate. This can cause stress and uncertainty for families, especially if the results aren’t what the deceased would have wanted.
A clear will avoids family disputes, protects vulnerable dependents, and keeps control of your legacy in your own hands rather than letting the state decide. At Seddiq Law Firm in Rockville, Maryland, we guide clients through every stage of creating, updating, or probating a will. We prepare plain‑language documents that meet Maryland’s legal requirements, review existing wills for possible gaps, represent families during probate, and step in quickly if disagreements arise.
Maryland Legal Requirements for a Valid Will
Maryland law is clear: you must be at least 18 years old and “of sound mind” to create a will. The will has to be in writing—audio, video, and oral wills aren’t valid. You need to sign the will and have two credible, disinterested witnesses sign it in our presence. These requirements are meant to avoid fraud and preserve your real intentions.
A will does not have to be notarized, but notarization makes it “self-proving,” which can make probate much faster and simpler. Maryland law automatically revokes a will if you marry and have a child afterward—unless the will specifically says otherwise. Also, if a witness to the will stands to inherit, survivorship rules could affect their portion.
Electronic and Online Wills In Maryland
Thanks to a 2022 law, Maryland now allows testators to sign wills electronically and have witnesses present remotely. Remote witnessing makes creating a will more convenient, especially when in‑person signing isn’t possible. But, Maryland also requires that a certified paper copy of the will is made and safely stored.
Online platforms are now a practical option for a simple will, as long as they follow all state requirements. For those with complex estates or unique wishes, we’d recommend legal guidance—errors can mean the difference between a valid will and intestacy.
Key Components to Include In Your Maryland Will
Maryland wills need detailed instructions to ensure assets, children, and end-of-life wishes are honored without confusion or conflict. Planning ahead helps avoid unnecessary delays for beneficiaries, and specifying your intentions in the right way can make probate and estate administration much less stressful for everyone involved.
Common Mistakes and How to Avoid Them
People often make mistakes that can cause headaches or disputes for loved ones after they’re gone. One of the biggest pitfalls is letting a beneficiary act as a witness to the will, which can raise doubts or even invalidate their inheritance.
Another common issue is failing to update the will after significant life changes like marriage, divorce, or the birth of a new child. These events can change who counts as an heir or how much someone should receive. Relying solely on generic online templates for complex estates or blended families can lead to vague or conflicting instructions, especially with trusts or digital assets.
Safe but accessible storage is essential. Wills that go missing or are locked away where no one can find them create needless problems—it’s important to let a trusted personal representative or executor know where the latest copy is kept.
Probate and Will Administration In Maryland
After death, the will should be filed promptly with the Register of Wills. This filing kicks off the probate process, which is how the state ensures that the estate’s assets are properly transferred, taxes are paid, and the testator’s instructions are followed.
The process differs for administrative (uncontested) versus judicial (contested) probate, with the latter requiring more court involvement. Maryland distinguishes “small estates”—those valued at less than $50,000, or $100,000 if a surviving spouse is the only heir—which can use a simpler, quicker process.
Having a self-proving affidavit attached makes things easier for the personal representative, streamlining the process and potentially cutting down on court delays.
Updating, Amending, or Revoking Your Will
Life isn’t static, and our wills shouldn’t be either. Major events—like marriage, divorce, the adoption or birth of a child—often mean automatic changes in your will’s validity or in who stands to inherit. We recommend reviewing your estate plan every three to five years or after any substantial life event.
You can amend your will with a codicil (a formal add-on) or rewrite the whole thing if needed. If necessary, the will can be revoked by physically destroying it—burning or tearing it—or by making a clear written statement of revocation.
Keeping your instructions accurate ensures that your wishes for property, guardianship of children, charitable bequests, funeral wishes, and more are carried out exactly as you intend. This prevents confusion or court disputes among beneficiaries and heirs.
How Seddiq Law Firm Can Help
Estate planning can feel overwhelming, but our team at Seddiq Law knows how to simplify it. We take pride in connecting with each client to develop a plan that fits their unique needs—no cookie-cutter solutions.
Our attorneys walk you through tough decisions, using our deep knowledge of Maryland law to guide you through every step. Whether your estate is straightforward or more complex, we’re ready to address every curveball.
We also handle probate representation, so if you’re facing the process of settling a loved one’s estate, know you’re not alone. And we believe in staying involved—periodic reviews keep your documents updated as life changes.
We keep our fees transparent, so you’ll always know what to expect and won’t face hidden surprises. Our focus is on responsive communication, so your questions won’t go unanswered. Connect with us to discuss your specific estate planning needs—our door is open.
Protect Your Legacy With Seddiq Law Firm
Thinking about what happens after we’re gone is never easy, but making a plan is vital if we want real control over our legacy and how we protect our family. Every detail matters when it comes to a last will and testament in Maryland—missing just one step can let the courts, not you, decide what will happen.
We handle every aspect of your estate planning, from will drafting to setting up trusts and powers of attorney. Our work isn’t just about documents—it’s about making sure your family avoids confusion and costly legal hurdles.
If you have questions or want to start the process, contact us today. Don’t wait—quick action is the key to protecting your wishes before it’s too late.
Frequently Asked Questions
How much does it cost to draft a will in Maryland?
Costs can vary, and DIY options can be tempting, but hiring an attorney means peace of mind and tailored solutions.
Do I actually need a lawyer to make my will?
A lawyer isn’t legally required to create a valid will in Maryland. However, mistakes in DIY wills can lead to confusion or delays later on, especially for families with special needs, blended families, or property in multiple states. It’s wise to check with Seddiq Law Firm before finalizing anything.
What are the requirements for witnesses?
Maryland law requires at least two credible witnesses to observe you signing your will, and they must also sign. Witnesses should not be people who might inherit under the will. If you have questions about meeting these requirements, contact Seddiq Law Firm for help.
Where should I keep my original will?
Store the original in a safe, accessible place like a fireproof home safe or safe deposit box. Tell trusted loved ones where it can be found. If you’re unsure about the right storage option, Seddiq Law Firm can guide you.
