Can I Write My Own Will and Have It Notarized in Maryland?
Contemplating the future and planning for the distribution of your assets posthumously is a vital component of personal legal planning. In Maryland, it’s legally permissible for anyone to draft their own will, but there are several critical legal stipulations that must be adhered to in order to ensure the will is valid and enforceable. Schedule a consultation with our trust and estate lawyer today to ensure your will meets all legal requirements and accurately reflects your wishes.
Can I Write My Own Will?
Yes, you can write your own will and have it notarized in Maryland. According to Maryland Estates and Trusts Code § 4-102, any person who is at least 18 years old and of sound mental capacity can create their own will. While notarization is not required by law for the validity of a will, it can be beneficial.
Notarization adds a layer of verification to the authenticity of the signature, which can help prevent disputes during the probate process. A notarized will with a self-proving affidavit can also streamline the probate process, allowing the court to accept the will without contacting the signing witnesses.
Legal Requirements for a Valid Will in Maryland
Maryland Estates and Trusts Code (ET) stipulates clear guidelines that must be followed when drafting a will to ensure its validity:
- The Testator’s Capacity: Under ET § 4-101, the individual writing the will, known as the testator, must be at least 18 years old and must be of sound mental capacity at the time of the will’s creation.
- Form of the Will: The will must be written, as stipulated in ET § 4-102. While Maryland law does not mandate that the will be typed, handwritten wills, also known as “holographic wills,” are recognized as long as they satisfy other legal criteria.
- Signature Requirements: According to ET § 4-102, the will must be signed by the testator or by another person in the testator’s presence and at their direction.
- Witnesses: The signing of the will must be witnessed by at least two individuals, as required by ET § 4-102. These witnesses must observe the testator signing the will or hear the testator acknowledge the will and must also sign the will themselves. It’s crucial that these witnesses are not beneficiaries under the will to prevent potential conflicts of interest.
The Importance of Notarization
While notarization is not a prerequisite for the validity of a will in Maryland, it serves a crucial function. A notary public’s role is to verify the authenticity of the signatory’s signature, which can be instrumental in averting disputes about the will’s authenticity. Incorporating a notarized self-proving affidavit with your will can streamline the probate process, allowing the court to accept the will without the need to contact the witnesses who signed it.
Engage With Our Estate Planning Attorney in Baltimore
Drafting a will independently is legally feasible, but consulting with a knowledgeable attorney offers invaluable advantages. A skilled estate planning lawyer can ensure compliance with all statutory requirements and help circumvent potential legal challenges. Additionally, an attorney can provide tailored advice that addresses complex personal circumstances such as intricate family relationships, business interests, or provisions for family members with disabilities.
Writing a will is a critical step in securing your legacy and ensuring your wishes are respected. While you can draft your own will in Maryland, partnering with an experienced attorney ensures that your estate planning achieves its intended objectives. Contact us today to learn how we can assist you with your estate planning needs.