Disclaimer: This post is not intended to be legal advice. For legal advice on what to do in your situation, please speak with an attorney.
Estate planning can be a daunting process. In Maryland, some estate planning documents need to be notarized.This post will discuss the will as an estate planning document and its execution requirements.
Many people put off estate planning. It’s hard to think about missing our loved ones, and all the different options that exist can be confusing. But it’s a good idea to put thought into estate planning to ease the burden on our loved ones, and ensure our property gets distributed in the way we want it to.
The first document we will discuss is a will. While there is no legal requirement that a Marylander write a will, a will outlines how you want your property distributed after your death. If someone dies without a will, their property gets distributed according to state law (Md. Code Estates and Trusts § 3-101). A will also names who you want to act as your personal representative, sometimes called an executor, who will complete the steps in the administration of your estate. The duties of the personal representative involve filing forms with the Register of Wills and meeting several deadlines, so you should pick someone you trust to be your personal representative who can meet these requirements.
While it is always a good idea to have legal documents reviewed by an attorney, a will can be written without one. The will should be kept somewhere safe, but it can also be filed with the Register of Wills in the county, or Baltimore City, where your property is located. If you wish to use a sample or a template to write your will, reach out to me.
A written will becomes effective after you sign it and is witnessed by at least two individuals in your presence or electronic presence. This and other requirements are discussed in Md. Code Estates and Trusts § 4-102. This is where the inclusion of a notary becomes important. If the will is not being prepared by an attorney, the person writing the will (called the testator) and the witnesses must give a jurat to a notary. A jurat is a sworn statement that accompanies a signature, swearing that the will is that of the testator, who is of sound mind, and was completed of the testator’s free will. The statute allows for an electronic will that can be remotely witnessed, which can be conducted in a session at your convenience. I will ensure you and your witnesses know the proper identification to bring and, if needed, I can provide two credible witnesses for the session. As your notary, I will help you ensure all the requirements of the statute are followed to properly execute your will.
Sources: The People’s Law Library FAQs about Wills, Maryland Register of Wills FAQ