Are Beneficiary Designations Protected in Maryland?
Maryland does not revoke an ex-spouse as beneficiary at divorceMd. Code, Est. & Trusts § 4-105; § 14.5-604; § 17-112Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Maryland as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
No. Maryland does not automatically revoke an ex-spouse as beneficiary on divorceMd. Code, Est. & Trusts § 4-105; § 14.5-604; § 17-112Verified Sep 15, 2026View source. Every designation on life insurance, a retirement account and the other assets is updated by hand after a divorce, or the ex-spouse still receives the asset.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Maryland sets no spousal-consent requirement of its ownMd. Code, Est. & Trusts §§ 3-403, 3-404Verified Sep 15, 2026View source for an individual account.
Maryland gives inherited IRAs partial protection from creditorsMd. Code, Cts. & Jud. Proc. § 11-504(h)(1)Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
No. Maryland does not default to per stirpes for beneficiary designationsMd. Code, Est. & Trusts § 16-107; § 16-110(a)(3); Md. Code, Fin. Inst. § 1-204(d)(3)Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Maryland
Free forms for planning your estate in Maryland: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Maryland, a will is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, and it is self-proved when properly executedMd. Est. & Trusts § 4-102Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Maryland requires 2Md. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMd. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source.
Financial Power of Attorney
Maryland treats a power of attorney as durable by defaultMd. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source, and it is signed before 2Md. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source witnesses and a notary.
Transfer on Death Deed
In Maryland, a transfer-on-death deed is signed before a notaryMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Maryland, the living will is the Maryland Advance Directive: Planning for Future Health Care Decisions (Part II: Treatment Preferences ("Living Will"))Md. Code, Health-Gen. Title 5, Subtitle 6, Part I (Health Care Decisions Act), §§ 5-601 to 5-618; Part II (Advance Directive Program), §§ 5-619 to 5-626Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Maryland
Free tools for planning your estate in Maryland: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Maryland runs $4,250Estimate: 10 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,110Estimate: 3 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,220Estimate: 6 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Maryland, four years at a public university cost about $95,872NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxMd. Tax-Gen. § 7-309Verified Sep 15, 2026View source above $5,000,000Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Maryland costs an estimated $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.1%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.3%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Maryland, descendants divide what passes to them per stirpesMd. Code, Est. & Trusts § 3-103Verified Sep 10, 2026View source, and an heir must survive the decedent by 720 hoursMd. Code, Est. & Trusts § 3-110(a)Verified Sep 10, 2026View source to inherit.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Maryland runs $4,250Estimate: 10 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Maryland runs $1,110Estimate: 3 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,220Estimate: 6 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Maryland, a parent names a guardian for a minor child in a willMd. Code, Est. & Trusts §§ 13–701, 13–702, 13–201, 13–207Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Md. Code, Gen. Provisions § 1–401Verified Sep 15, 2026View source.
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Maryland Estate Planning Resources
In-depth guides covering Maryland probate laws, trust requirements, and estate planning strategies.