Maryland Estate Planning: Free Wills, Forms & Calculators

Like all states, Maryland recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses.

Financial powers of attorney here require both 2 witnesses and a notary, making Maryland one of the stricter states for these documents. All requirements can be satisfied at once at a bank or attorney's office.

If you die without a will in Maryland, your heirs must survive you by at least 720 hours to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Unlike states with formal independent administration statutes (such as California and Texas), Maryland doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

Maryland is one of a handful of states that impose both an estate tax and an inheritance tax. The estate tax applies to estates exceeding $5,000,000, with rates up to 16%. The inheritance tax is paid by each beneficiary based on their relationship to the deceased and the amount inherited. This double layer of taxation makes probate avoidance and lifetime gifting strategies particularly relevant here.

Maryland does not allow transfer-on-death deeds for real estate. Without this option, real property must pass through probate or be held in a trust to avoid court proceedings. Transferring property into a revocable trust does not trigger a property tax reassessment in Maryland, so property taxes remain at their current level.

Maryland does not have a constitutional homestead exemption, which means the family home has limited protection from creditors compared to states like Texas or Florida. Executors must publish a notice to creditors, who then have 6 months to file claims against the estate. Known creditors must also receive direct written notice.

Maryland does not automatically revoke an ex-spouse as beneficiary upon divorce. Without updating beneficiary designations after a divorce, an ex-spouse may still inherit life insurance proceeds and retirement accounts—regardless of what a will says.

Maryland fully authorizes remote online notarization (RON) for estate planning documents, including wills, trusts, healthcare directives, powers of attorney. This allows the entire signing process to happen via video call from anywhere.