Create a Maryland Last Will and Testament with our customizable template!
A Maryland Last Will and Testament is a legal document that a person, known as a Testator, will create to specify how their personal and real property will be distributed after their death. Once the form is created, it must be signed, witnessed, notarized, and registered with the state to become a legally enforceable document. Once the proper steps have been taken, the Will should be stored someplace safe yet accessible such as with the Testator’s attorney or with a trusted family member.
Laws - Title 4: Wills
Witnesses - According to §4-102, the Will must be signed by two (2) witnesses in the presence of the Testator.
Proof of Execution Form (Form RW1102) must be submitted with every Will for registration with the State.
Step 1 - Using the template provided by FormSwift, enter your full legal name, followed by your identified gender.
Step 2 - Provide your city and county of residence.
Step 3 - Choose your marital status from one of the following choices:
If you are not single, provide the name of your spouse.
Step 4 - If you have any children, pets, property, or life insurance policies, provide that information here.
Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.
Step 6 - State the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who is disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like used? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children and you wish to appoint a guardian to care for them if you die, provide the following information below for them, an alternative guardian, and/or a conservator.
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that you must have two witnesses sign the Will. It must have a special form completed and notarized as well so that you may register your Will with the State of Maryland.
A last will and testament in the State of Maryland allows for the organization and disbursement of assets upon a testator’s death. It is a crucial step in the estate planning process. Without the will, intestacy laws will be enacted and the State will distribute the property according to the law. Also, a will allows the Testator to create a trust or name a beneficiary for minor children. Without the will, the State would determine what happens to the Testator’s minor children.
A Maryland will is not legally required. However, it does allow for control over the outcome of any distribution of assets, vehicles, property, real estate, or other items of value upon death.
Without a will in the State of Maryland, intestacy laws are enacted. This means that the courts will determine the fate of any distributable assets without the testator’s wishes in mind. In Maryland, a spouse will automatically inherit an entire estate if there are no surviving descendants. If there are both a spouse and children, they will split the entirety of the estate. If the surviving children are over the age of 18, the spouse will inherit $15,000 plus half of the balance of the estate with any surviving adult children splitting the remainder. A decedent’s parents are also entitled to a portion of the estate if there are no surviving descendants aside from a spouse. In the absence of a surviving spouse or children, the courts will find the next closest relative to inherit the estate. In the event that no relatives are located, the State will absorb the property.
Download Word Template
Download PDF
Create Custom Maryland Last Will and Testament
Word
PDF
