Does My Will Need to Be Notarized in Maryland?

This sometimes surprises people, but in Maryland there is no requirement that wills be notarized. What do you need? Two witnesses. Your witnesses should be at least 18 years old and should have the capacity to understand the situation. It’s not required, but often recommended, that your witnesses also be people who are not going to inherit under your will. 

If you don’t want your witnesses dragged into court to authenticate your will, you need to be sure to include an attestation clause. This is usually something like “Signed, sealed, published and declared by the above-named Testator, Judy Client, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence, and in the presence of each other have hereunto subscribed our names as witnesses."

So long as you have those magic words in there, there is no need to have the document notarized. 

Still, most attorneys will have a notary available when you sign your will, because a notary is needed for some of the ancillary documents that are usually signed at the same time (such as a Power of Attorney). It doesn’t hurt to have the will notarized, and some attorneys will go ahead and do this as well just as an added layer of authenticity.

The most sure-fire way to ensure that your will complies with the Maryland requirements and will hold up in court is to work with an experienced estate planning attorney. Make an appointment today to meet with me and get started.