Is an Online Will Legal in Maryland?
An online service can prepare a valid Maryland will, executed conventionally on paper with two or more credible witnesses signing in the testator's physical presence. Maryland also allows fully electronic and remotely witnessed execution, but only through the certified-will procedures of Est. & Trusts § 4-102(c)-(d), which always end in a paper certified will that counts as the original.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Maryland will.
Sign it fully remotely
RecognizedWhether Maryland recognizes an electronic will executed without an in-person paper signing.
What this means for you
Remote execution here is not casual: it requires either a supervising Maryland attorney or a notarized testator certification, witnesses physically in the United States, and a testator who is a Maryland resident or physically in Maryland when signing. Maryland has no self-proving affidavit for a conventional will, so choose witnesses the estate can find later.
What Maryland Law Requires
The governing law is Md. Code Ann., Est. & Trusts tit. 4, subtit. 1 (§§ 4-101 through 4-107); execution, including electronic and remotely witnessed wills, at § 4-102. Each rule below links to the official source it was read from.
| Requirement | The Maryland rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, legally competent to make a will. | Md. Code, Est. & Trusts § 4-102(a) |
| Written document | Required. | Md. Code, Est. & Trusts § 4-102(b)(1) |
| Signature | The testator signs. Some other person may sign for the testator, in the testator's physical presence and by the testator's express direction. | Md. Code, Est. & Trusts § 4-102(b)(2) |
| Witnesses | 2. The will must be attested and signed by two or more credible witnesses in the physical presence of the testator, or in the electronic presence of the testator where the will satisfies the § 4-102(c) or (d) requirements for an electronic or remotely witnessed will. The conventional path requires the witnesses to sign in the testator's presence and states no requirement that they sign in each other's presence; the certified-will paths require the testator and all witnesses (and, under (c), a supervising attorney) to be in the physical or electronic presence of one another when they sign. | Md. Code, Est. & Trusts § 4-102(b)(3) |
| Notarization | Not required for validity. | Md. Code, Est. & Trusts § 4-102 |
Signing Day in Maryland
The will must be attested and signed by two or more credible witnesses in the physical presence of the testator, or in the electronic presence of the testator where the will satisfies the § 4-102(c) or (d) requirements for an electronic or remotely witnessed will. The conventional path requires the witnesses to sign in the testator's presence and states no requirement that they sign in each other's presence; the certified-will paths require the testator and all witnesses (and, under (c), a supervising attorney) to be in the physical or electronic presence of one another when they sign.
Maryland provides no self-proving affidavit for a conventionally executed paper will; the acknowledgment-and-affidavit forms in § 4-102(c)(5)(iii) exist only as part of the certified-will procedure for electronic or remotely witnessed wills.
Choose witnesses carefully
Estates & Trusts § 4-102(b)(3) asks only that the witnesses be 'credible', and the execution subtitle (§§ 4-101 through 4-107) contains no provision voiding a devise to an attesting witness. Maryland's general competency rule provides that a person shall not be excluded from testifying in a proceeding because of interest in the matter in question.
Shortcuts Maryland Does and Does Not Recognize
Handwritten (holographic) wills
YesOnly for a testator serving in the armed services of the United States: a will entirely in the testator's handwriting is valid if signed by the testator outside a state of the United States, the District of Columbia, or a territory of the United States, even with no attesting witnesses. It is void one year after the testator's discharge from the armed services unless the testator died before that year expired or does not then possess testamentary capacity.
For everyone else an unwitnessed handwritten will is invalid in Maryland; a handwritten will attested and signed by two witnesses under § 4-102 is simply an ordinary will. (Md. Code, Est. & Trusts § 4-103)
Oral wills
NoEvery Maryland will must be a signed, witnessed record under § 4-102(b); the execution subtitle contains no nuncupative-will provision, and the § 4-103 armed-services exception covers only handwritten instruments. (Md. Code, Est. & Trusts § 4-102(b))
Electronic wills
YesThe certified will is deemed the testator's original will for all purposes, with its stated date of execution (§ 4-102(e)). Wills signed under COVID-era Executive Order 20.04.10.01 while it was in effect are also deemed properly signed and witnessed (§ 4-102(f)). Defined terms (electronic presence, electronic signature, electronic will, remotely witnessed will, supervising attorney) are in § 4-101. (Md. Code, Est. & Trusts § 4-102(b)-(e))
Remote witnessing: allowed within the statute’s conditions. Witnesses may attest in the testator's electronic presence (real-time audio-visual communication) through either certified-will path. Under § 4-102(c), the testator, all witnesses, and a supervising Maryland attorney are in one another's physical or electronic presence and the attorney creates a certified will: a true and complete paper version of the will with all signatures, the attorney's signed certification of the verification steps, and a notarized acknowledgment of the testator and affidavits of the witnesses (or an acknowledgment before the supervising attorney). Under § 4-102(d), the testator and witnesses are in one another's physical or electronic presence and the testator creates the certified will, signing and acknowledging its certification before a notary public who is not a witness. In both paths the testator must be a Maryland resident or physically located in Maryland at signing, each remote witness must be a US resident physically in the United States, and everyone must sign the same will or a counterpart.
A Will Signed in Another State
A will executed while the testator is physically outside Maryland is properly executed if it is in writing, signed by the testator (or by some other person on the testator's behalf, in the testator's physical presence and by the testator's express direction), and executed in conformity with § 4-102, with the law of the testator's domicile, or with the law of the place where the testator was physically located at the time of signing. (Md. Code, Est. & Trusts § 4-104)
Keep Going
- The full Maryland will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Maryland estate planning sets the will beside the other documents a complete plan needs.
- A Maryland revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Maryland?
Does a Maryland will need to be notarized?
How many witnesses does a Maryland will need?
Are handwritten (holographic) wills valid in Maryland?
Are electronic wills legal in Maryland?
Is a will made in another state valid in Maryland?
Verified against Md. Code Ann., Est. & Trusts tit. 4, subtit. 1 (§§ 4-101 through 4-107); execution, including electronic and remotely witnessed wills, at § 4-102 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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