Maryland's estate planning system is governed by the Maryland Estates and Trusts Code (ET Code) — and administered through each county's Orphans' Court (or the Circuit Court in Montgomery and Harford Counties). A will drafted in New York or Virginia without Maryland-specific modifications may be technically valid under Maryland law, but may not address the considerations that matter most in Maryland Orphans' Court.
Red Knot Law is admitted to practice in Maryland. Our Bethesda office at 7501 Wisconsin Avenue serves Montgomery County, Prince George's County, Howard County, Baltimore County, and Anne Arundel County.
Without a Will in Maryland — ET Code § 3-102
- ✕Spouse and children share: spouse gets $15,000 + 50% of remaining; children split the rest
- ✕Unmarried partners receive nothing — regardless of relationship length or depth
- ✕Step-children receive nothing from a step-parent's estate
- ✕A Maryland court appoints your children's guardian without your input
Maryland's Dual Tax Problem
Maryland is one of only two states with both an estate tax (threshold approx. $5M in 2026) and an inheritance tax (10% on non-exempt beneficiaries). Siblings, nieces, nephews, and unrelated friends who inherit from your Maryland estate may owe Maryland inheritance tax — regardless of the estate's size. Proper will drafting and trust planning can minimize this exposure.
What Your Maryland Will Covers
Key Provisions in Every Maryland Will
Personal Representative
Maryland's term for executor. We help you name your preferred personal representative and a backup — someone you trust to manage your estate through Maryland Orphans' Court.
Guardian for Minor Children
The most critical provision for parents. Name both a primary and backup guardian — and specify any conditions or preferences about upbringing.
Asset Distribution
Specific bequests and residuary estate — distributed to who you choose, in the proportion you choose, not Maryland's intestacy formula.
Inheritance Tax Provisions
We integrate Maryland's inheritance tax into drafting — identifying which bequests trigger the 10% tax and structuring distribution to minimize exposure where possible.
Testamentary Trust for Children
A trust inside your will that holds assets for minor children until a specified age, managed by a trustee you choose — rather than a lump sum at 18.
The Path Forward
Four Steps to a Valid Maryland Will
1
Consultation — Family, Assets, and Maryland Tax Exposure
We review your family, your Maryland assets, and your wishes. We assess whether a will alone is sufficient or whether a revocable trust is also needed for tax or probate-avoidance reasons.
2
Will Drafting — ET Code Compliant
We draft your Maryland Last Will and Testament — naming your personal representative, designating a guardian, distributing your estate, and integrating any testamentary trusts for minor children or inheritance tax purposes.
3
Execution — Two Witnesses, Proper Signing Order
We coordinate a signing meeting fully compliant with Maryland ET Code requirements — two witnesses, signed in proper order, notarized where recommended for self-proving status in Orphans' Court.
4
Complete Estate Plan — Will + Trust + POA + Advance Directive
Most Maryland clients benefit from a coordinated plan. We provide all four documents and ensure they work together — not as isolated pieces, but as a single integrated estate plan.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil practices from our Bethesda office at 7501 Wisconsin Avenue. He serves Montgomery County, Prince George's County, Howard County, Baltimore County, and Anne Arundel County — and understands Maryland's unique dual tax system and Orphans' Court procedures.
View Full Profile → Common Questions About Wills in Maryland
Does Maryland recognize handwritten (holographic) wills?
No. Maryland does not recognize holographic (unwitnessed) wills. A will without two witnesses who meet Maryland's requirements is invalid — your estate passes as if you died without a will.
What is the Maryland personal representative's commission?
Maryland personal representatives are entitled to a commission of up to 9% of the first $20,000 of estate value, plus 3.6% of the excess. On a $500,000 Maryland estate, this is approximately $17,400 — plus attorney fees and Register of Wills filing fees. A trust avoids most of this.
How much does a Maryland will cost?
Red Knot Law offers flat-fee wills starting at $500. A complete Maryland estate plan — will, revocable trust, durable power of attorney, and advance directive — starts at $2,500. We provide exact pricing at the consultation.
Do I need a trust in addition to my Maryland will?
Many Maryland clients benefit from both. A will names your personal representative and guardian for children, and handles assets not in the trust. A revocable living trust avoids Orphans' Court probate and provides privacy. We assess which combination makes sense for your estate's size and your family's needs.
Ready to protect your Maryland estate? Schedule your Maryland wills consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
