A will is a written document that directs the disposition of a person's property after death. Anyone who is at least 18 years of age and of sound mind can make a will. A will is effective only with regard to certain types of assets, often called "probate" assets. Generally, these are assets that belong solely to you or are titled only in your name.
In Maryland for a Will to be valid, it must be signed in the presence of two witnesses who must also sign the will in your presence and in the presence of each other. Each witness must be at least 18 years of age. Wills do not have to be notarized in Maryland. A Will that is valid in the state where it was executed will be valid in Maryland.
If you are competent, you can change your will at any time by signing a document called a "codicil" or by having a new will prepared. Either a codicil or a new Will must be executed with the same formal requirements as the original will. You should not attempt to change your existing will by writing on it.
A personal representative is the individual or institution named to handle the administration of your estate. It is not necessary to name a lawyer as a personal representative, but your personal representative should be a person who is capable of handling financial matters, maintaining detailed records and administering your estate.
In your will, you may name the person who will serve as a guardian if you and your spouse both die while a child is a minor. A will also gives you the opportunity to create trusts that will control how, when and under what circumstances your assets will be turned over to your children. In this way, you can prevent funds from being distributed to children before they are mature enough to handle them responsibly.
If you die without a Will (which is called "intestate") state law will determine how your probate assets will be distributed. In Maryland, if you are survived by a spouse and at least one minor child, your spouse will receive only one-half of the probate assets and your children will receive the other one-half. If all of your surviving children are over the age of 18, or if you have no descendants, and a parent survives you, your spouse will receive the first $15,000 of the probate assets, plus one-half of the balance of those assets. The remaining probate assets will pass to your surviving descendents or parents. Your spouse will receive the entire probate estate only if you have no descendants or parents who survive you. Under Maryland law, probate assets will pass to the county board of education only if there are no surviving blood relatives or stepchildren.
A will may include specific directions for the disposition of your body and funeral. Because your will may not be reviewed immediately after death, such directions should be communicated to family members so they are aware of your wishes at the time of your death. If you wish to donate your body for research or transplantation, you should notify family members and: carry an organ donor card; or note your wishes on your Maryland driver's license; or sign a living will that contains organ donation language.
You should review your will periodically. A significant change in personal or financial circumstances may mean that your will should be revise or replaced. For example, births, deaths or a change in marital status warrant a review of your will. Changes in federal and state tax laws may necessitate revisions in your will.
The original can be filed with the appropriate Register of Wills, where it will be recorded as a public record. Your will can also be stored in a safe deposit box, as long as your personal representative has access to the box.
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