BYRON E. MACFARLANE, REGISTER
THE LAST WILL
& TESTAMENT
FREQUENTLY
ASKED QUESTIONS
& ANSWERS
FOR HOWARD COUNTY
REGISTER OF WILLS
WHAT IS A WILL?
A will is a written document directing the
disposition of a person's probate assets after they
pass away. Probate assets are any assets titled
in your name alone.
WHY SHOULD I MAKE A WILL?
A will is one of the most important of all legal
documents. By making a will, you can do the
following:
Specify how you want your property distributed
after you pass away.
Name a personal representative (also known as
an "executor") to collect your assets, pay bills,
and distribute your estate according to your will.
Make charitable bequests.
Nominate someone to be guardian of any minor
children.
WHAT ARE THE
REQUIREMENTS FOR A WILL?
In Maryland, a valid will must be (1) in writing,
(2) signed, and (3) attested and signed by two
credible witnesses. It may be handwritten or
typed and any two adults can be witnesses. A
will does not require a notary, though a notary
can be a witness. Electronic, oral, and video
wills are not valid in Maryland.
If you have a will prepared outside of Maryland
then move here, it is valid if it was executed
according to the laws of the state it was
prepared.
WHAT HAPPENS IF I DON'T HAVE A
WILL?
Maryland law, called laws of "intestacy"
determines who has priority to be your personal
representative and which of your heirs will inherit
from you.
9250 JUDICIAL WAY, SUITE 1100
ELLICOTT CITY, MD 21043
WEBSITE: REGISTERS.MARYLAND.GOV
E-MAIL: HOWARDCOUNTYROW@REGISTERS.MARYLAND.GOV
PH: 410.313.2133
REGISTER OF WILLS FOR HOWARD COUNTY
CAN I CHANGE MY WILL?
A will can be revoked (by destroying it or
executing a new will) or changed at any time
before death if a person is competent. Changes
should not be made by altering the existing will.
Rather, it should be done by executing a
document called a "codicil," an amendment to a
will that has the same legal requirements as a will
(in writing, signed, with two witnesses).
WHEN SHOULD I CHANGE MY WILL?
A will should be reviewed whenever a significant
change in personal circumstances occurs. For
example, marriage or divorce warrants reviewing
your will.
WHERE SHOULD I GO TO GET A WILL
PREPARED?
While any document that meets the legal
requirements can be a valid will, you should
consider consulting with an attorney:
Howard County Bar Association
howardcountybar.org
443.574.5018
Maryland Volunteer Lawyer Service
mvlslaw.org
410.539.6800
WHERE SHOULD I STORE MY WILL?
This is your decision. You can keep it at home, in
a safe or safe deposit box, leave it with your
attorney, or you can file it for safekeeping with the
Register of Wills. There is a one-time $5.00 fee
and the service is confidential, meaning the
contents of your will are not public record.
Disclaimer: This brochure is provided for informational purposes
only and does not constitute or is intended to constitute legal advice.
Please consult an attorney for any legal advice.
