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Home→States→Estate Law→Florida vs Maryland

How Do Florida and Maryland Estate Laws Compare?

Compare 2026 Florida vs Maryland probate costs, will execution requirements, trust laws, and what happens if you die without a plan.

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See how much probate could cost in your state.

Last Will

Maryland sets probate attorney fees by statute as a percentage of the estate, while Florida allows negotiable "reasonable" fees. Maryland's $50,000 small estate threshold is much higher than 0, allowing more estates to skip formal probate.


Legal Requirements

What's needed to create and execute a valid last will and testament.

Requirement
Florida
Maryland
Witnesses Required
2
2
Notarization
Recommended
Recommended
Self-Proving
Available
Automatic
Holographic (Handwritten)
Not Allowed
Not Allowed
Minimum Age
18 years
18 years
Interested Witnesses
Allowed
Allowed

Financial Impact

Estimated probate costs including attorney fees, executor fees, and court costs.

Florida
Maryland

Who Inherits

With a valid will, you control who inherits - but it requires probate.

Benefit
Florida
Maryland
You Choose Beneficiaries
Court Supervision Required
Public Record
Can Set Conditions
Name Guardian for Minors

Digital Management

How easily you can create and sign your will digitally, including remote notarization options.

Florida

Sign digitally from anywhere via video call
E-sign allowedRemote notaryElectronic statute

Accepts out-of-state remote notarization

Electronic statute: Fla. Stat. § 732.521-732.525

Electronic wills law effective July 1, 2020

Florida was a pioneer in RON adoption. Signed June 7, 2019, effective January 1, 2020.

Maryland

Sign digitally from anywhere via video call
E-sign allowedRemote notaryElectronic statute

Accepts out-of-state remote notarization

Electronic statute: SB 36 (2022)

E-wills with strict requirements: supervising attorney required, remote witnesses permitted, certified paper copy must be created.

SB 678/Chapter 407, signed May 13, 2019, effective Oct 1, 2020. Based on RULONA. 10-year recording retention.


Making Changes

How to modify your will after it's been signed and executed.

Florida

E-codicils allowed

Florida authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.

Maryland

E-codicils allowed

Maryland authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.

West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.

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Frequently Asked Questions

What's the biggest difference between Florida and Maryland for trusts?

No-contest clause rules differ significantly. Florida does not enforce these clauses, while the other does.

Which state has stricter trust signing requirements?

Florida requires 2 witnesses when signing a trust. Most states, including Maryland, do not require witnesses for trust execution.

How do no-contest clauses work in each state?

Florida does not enforce no-contest clauses in trusts. Maryland does enforce them, meaning beneficiaries who unsuccessfully challenge the trust can lose their inheritance.

Understanding Estate Law Differences

Key factors when comparing Florida and Maryland estate laws include execution requirements, probate costs, and intestate succession rules.

States that have adopted the Uniform Trust Code (UTC) use standardized rules for trust administration. This affects how trusts are managed when property or beneficiaries are located in multiple states.

No-contest clause enforceability varies between states. Some states fully enforce these clauses, while others provide exceptions for beneficiaries who challenge a trust in good faith.

Transfer-on-Death (TOD) deeds, where available, transfer real estate at death without probate. Trusts cover all asset types, provide privacy, and include incapacity provisions that TOD deeds do not.

Estate Planning Resources

Guides covering Florida and Maryland estate planning laws.

More estate planning resources

Explore related tools and documents to complete your estate plan.

Free

Pour-Over Will

Transfer assets to your existing trust. State execution requirements included.

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Free

Last Will and Testament

Create a free, state-specific will with witness and notarization requirements included.

Get Started
$12/month

Revocable Living Trust

Find out if a revocable trust makes sense based on your state's laws.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

Use Calculator

How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

Use Calculator

What's Fair Trustee Compensation?

Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.

Use Calculator

How Do I Sign Estate Documents?

Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).

Check Requirements

What Are My Duties as Trustee?

Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.

Get Checklist

How Do I Settle an Estate?

Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.

Get Checklist

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SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

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