Is An Online Will Legally Valid in Maryland?
Yes, you can make a legally valid will online in Maryland. Here's what the state actually requires if you want to ensure it holds up in court.
Don’t worry, FeedingBird is designed to make sure every step is complete.
What Makes an Online Will Legally Valid in Maryland?
Online wills are legal in Maryland, and Maryland does have a specific electronic wills framework, though it's more involved than in some other states. In Maryland, online wills requires a supervising attorney to oversee execution, and afterward a certified will (a paper version of the signed document with a formal attorney certification) must be created. A traditional printed will signed by two witnesses is also valid, and notarization isn't required unless you want to make the will self proving.
Maryland generally does not recognize holographic, or handwritten, wills signed in the state without witnesses. A handwritten will made elsewhere may still be honored if it was valid where it was signed.
What You Need to Know about Online Wills in Maryland
Estate laws are difficult to understand and have subtle nuances that vary from state to state. If you want to avoid long, complex court proceedings, t's important to ensure your online will is structured appropriately.
Maryland Property Laws
Maryland is what’s known as a common law property state. In other words, ownership generally follows whose name is on the title, deed, or account.
Maryland Probate
All wills go through probate in Maryland unless the estate is valued at $50,000 or less ($100,000 or less if a surviving spouse is the sole heir), in which case small estate administration can be an option. If an estate does not qualify and you still wish to avoid probate, you will need to place your assets in a trust. Maryland is also one of the few states with both a state estate tax and a separate inheritance tax.
Avoiding Probate in Maryland
- A living trust lets you have full control over your estate as the trustee and identifies the person who will be the successor trustee and will manage distributing your assets after your death.
- A payable-on-death (POD) designation will specify who receives payment at the time of your death for financial accounts. A transfer-on-death (TOD) designation names a new owner for any retirement accounts.
- Join ownership with the right of survivorship gives your spouse or another co-owner automatic ownership of any joint property.
Want to learn more about trusts in Maryland? This is what you’ll need to create your trust.
