Dying With a Will in Maryland

To ensure your will is valid in Maryland, there are important requirements to consider. Firstly, the will must be in writing, and the individual creating the will, known as the "testator," must be at least 18 years old and possess the legal capacity to understand the significance of the document they are signing. It is essential to have two witnesses present when signing the will, and they must also sign in your presence. Handwritten wills are generally not accepted in Maryland unless you are a member of the United States Armed Forces serving overseas.

If your will is deemed valid, the subsequent step involves the probate process. While Maryland is not part of the Uniform Probate Code, the probate procedures have similarities to those in other states. Probate proceedings are typically necessary if the deceased individual owned assets solely in their name. Assets that are considered "non-probate" property can usually be transferred to the other owner without undergoing probate.

In Maryland, there is a simplified probate procedure designed for smaller estates. This streamlined process applies when the property going through probate is valued at $50,000 or less. If the surviving spouse is the sole beneficiary, the threshold increases to $100,000 or less. The property value is determined by its fair market value minus any liens or encumbrances.

The executor files a written request with the local probate court requesting to use the simplified procedure. The court can decide whether to grant or deny the requests.