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The Office of the REGISTER OF WILLS

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Facts About Wills

What Is A Will ?
A will is a written document directing the disposition of a person's assets after death.
Requirements For A Valid Will
In Maryland, a will must be (1) in writing (typed or handwritten), (2) signed by the person making the will, and (3) attested and signed by two credible witnesses in the presence of the person making the will. The person making the will and the two witnesses must be at least 18 years of age and legally competent. Audio, oral, and video wills are not valid.
Why Should You Make A Will ?
A will is one of the most important of all legal documents. It is the legal declaration of a person's intentions and desires that he directs to be carried out after his death. By making a will you can specify how you want your property distributed after your death; you can name a personal representative who has the responsibility to collect assets, pay bills and distribute your estate according to the terms of your will; you can make charitable bequests; and you can nominate someone in whom you have confidence to be a guardian of your minor children. Without a will, the intestate laws of the State of Maryland direct the order of priority for those individuals to serve as personal representative of the estate; what heirs are entitled to receive the assets of the estate; and in some instances the Orphans' Court shall make the appointment of a guardian for your minor children.
Safekeeping Of Your Will
Your will may be filed with the Register of Wills for safekeeping for a one-time fee of $5.00. An original will brought to the Register of Wills' office for safekeeping should be sealed in an envelope, with your name, address and the last four digits of your social security number clearly legible on the cover. During your lifetime, the will you deposited in the Register of Wills' office can only be released to you or a person authorized by you in writing to receive the same. You should always make sure that the person you named as Personal Representative is made aware of the location of your will.
Can A Will Be Changed ?
A will can be changed at any time before death if a person is competent. The changes should not be made by alteration to the existing will but by a document called a "codicil". The codicil must be executed with the same formalities as a will.
When Should A Will Be Changed ?
A will should be reviewed whenever a significant change in personal or financial circumstances occurs. For example, a change in marital status warrants a review of the will.
The Validity Of A Will Executed In Another State
If you have a will prepared outside of Maryland and then move into Maryland, it is valid if it is executed in accordance with the laws of the state in which it was prepared. However, if you move to another state, check with the Probate Division of your new jurisdiction to determine if your will is valid. Laws vary in different states.
Wills Are Only Effective When Administering Probate Assets
A will must be admitted to probate when a person dies owning property in his or her name alone or as tenants in common. Tenancy in common property is subject to the will of each of the owners to the extent of that owner's interest and does not pass automatically to the survivor.

Property owned by husband and wife, either jointly or as tenancy by the entirety, or property held by any other persons as joint tenants "with right of survivorship" is not subject to the provisions of the will of the first joint owner to die. Such joint property passes automatically to the surviving joint owner or owners.
What If There Is No Will ?
If there is no will, the intestate laws of the State of Maryland, which are subject to change from time to time, will determine the distribution of probate assets. Distribution is determined by the relationship of the surviving heirs of the decedent.
If the decedent is survived by:
  1. Spouse or registered domestic partner and no children - the spouse or registered domestic partner receives the entire net estate
  2. Spouse or registered domestic partner and children, at least one of whom is a minor - the spouse or registered domestic partner receives one half of the net estate and the children divide the remaining one half equally *
  3. Spouse or registered domestic partner and children, all of whom are adults and are children of both the spouse or registered domestic partner and the decedent - the spouse or registered domestic partner receives the entire net estate
  4. Spouse or registered domestic partner and children, all of whom are adults but at least one is not a child of both the spouse or registered domestic partner and the decedent - the spouse or registered domestic partner receives the the first $100,000 plus one half of the remaining net estate, and the children divide the remaining one half equally *
  5. Children only - the children divide net estate equally *
  6. Surviving parent(s) only - parent or parents receive the entire estate
  7. Surviving sibling(s) only - siblings divide net estate equally *
  8. Grandparents without any other heirs listed above - the grandparents divide net estate equally (if all grandparents deceased, to issue of the grandparents)
  9. Stepchildren without any other heirs listed above - stepchildren divide net estate equally
  10. No living heirs or stepchildren - the entire net estate passes to the Board of Education in the county in which the estate is opened, or to the Department of Health if the decedent received long term care benefits under the Maryland Medical Assistance Program

* The share of a deceased heir in these categories passes to the issue of the deceased heir