Secure Your Maryland Home: Estate Planning & Wills

Why Estate Planning Matters for Maryland Homeowners

Your home is often your largest asset and a cornerstone of family stability. A tailored Maryland estate plan helps ensure your property passes according to your wishes, minimizes administrative burdens on loved ones, and can reduce avoidable costs and disputes. Without a plan, state default rules (intestacy) determine who receives your home, which may not align with your goals.

Core Documents for Maryland Estate Plans

• Last Will and Testament: Directs who inherits your property, names a personal representative, and can nominate guardians for minor children.
• Revocable Living Trust: Can hold title to your home and other assets during your life, providing continuity in management and facilitating non-probate transfers when properly funded.
• Maryland Statutory Powers: A financial power of attorney authorizes someone to handle transactions; an advance directive/health care power covers medical decisions.
• Beneficiary Designations: Coordinate life insurance, retirement accounts, and payable-on-death/transfer-on-death arrangements with your overall plan.

For deed titling basics and ownership types, see Maryland SDAT.

How Maryland Property Passes at Death

• Sole ownership: Typically passes through probate under your will or by intestacy if there is no will.
• Tenancy by the entirety/Joint tenancy with right of survivorship: The surviving co-owner usually receives the property outside probate (E&T § 1-202).
• Trust-owned property: If your revocable trust holds title to your home, it generally avoids probate for assets properly titled to the trust and follows the trust terms.

Coordinating your deed, beneficiary designations, and estate documents is essential to prevent conflicts.

What Makes a Will Valid in Maryland

Maryland generally requires a will to be in writing, signed by the testator, and attested and signed by two witnesses in the testator’s presence (E&T § 4-102). Holographic (unwitnessed) wills are generally not valid in Maryland except in narrow circumstances. Notarization alone does not replace the witnessing requirement, but a self-proving affidavit can streamline probate by allowing the will to be admitted without live witness testimony (E&T § 5-602.1).

Protecting Your Home If You Become Incapacitated

A durable financial power of attorney lets a trusted agent manage mortgage payments, taxes, insurance, and maintenance if you are unable to act. Holding your home in a funded revocable trust can also allow your successor trustee to manage or sell the property for your benefit without court intervention.

Probate in Maryland: What to Expect

The Orphans’ Court and the Register of Wills oversee probate in Maryland (Maryland Courts). Estates may be categorized based on size and other factors. Timelines and requirements vary depending on the estate type, asset mix, creditor claims, and whether a will is contested. Thoughtful planning using beneficiary designations, trusts, and survivorship arrangements can streamline administration.

Safeguards for Spouses and Minor Children

Maryland law provides protections for surviving spouses that can affect distributions, including an elective share (E&T § 3-203). Other statutory allowances or exemptions may apply depending on family circumstances. Review your plan with counsel to ensure your intended gifts align with these protections.

Taxes and Your Maryland Home

Maryland imposes an inheritance tax on certain transfers (Registers of Wills), and a Maryland estate tax may apply depending on the size of the estate (Comptroller of Maryland). Exposure depends on your total estate value, the relationship of beneficiaries, and how assets are titled. Coordinating state tax considerations with federal estate and income tax planning helps preserve value for your beneficiaries.

Common Mistakes to Avoid

• Failing to update beneficiary designations after life changes.
• Titling conflicts (e.g., the will leaves the home to one person, but the deed has survivorship to another).
• Not funding a revocable trust after creating it.
• Omitting a back-up personal representative or trustee.
• Overlooking statutory protections for a surviving spouse.
• Storing originals where they cannot be located quickly.

When to Review or Update Your Plan

Revisit your plan after major life events – marriage, divorce, birth or adoption, death of a beneficiary, significant changes in home value or financing, moving property into or out of a trust, or changes to Maryland or federal law. Regular reviews help ensure your deed, will, and trust remain aligned.

How We Help Maryland Families

We craft Maryland-specific wills, trusts, deeds, and powers of attorney; coordinate beneficiary designations; advise on spousal protections; and guide families through probate or trust administration. We can also evaluate whether a trust, survivorship deed, or life estate fits your goals for your home.

Ready to protect your home and family? Contact our Maryland estate planning team.

FAQ

Do I need a trust to avoid probate for my Maryland home?

No, but a properly funded revocable trust can help. Joint ownership with right of survivorship may also pass outside probate, but it should be coordinated with your broader plan.

Are handwritten wills valid in Maryland?

Generally no, unless limited circumstances apply. A will should be signed by you and witnessed by two witnesses in your presence.

Will my spouse automatically get the house?

It depends on title and your plan. Survivorship deeds pass outside probate. Even with a will, the elective share may give a surviving spouse rights that affect distributions.

What taxes could apply to my home at death?

Maryland inheritance tax may apply to certain beneficiaries, and the Maryland estate tax may apply depending on estate size. Federal tax considerations may also be relevant.

How often should I update my plan?

After major life events and at least every 2 to 3 years, or when laws change.

Where do I learn more about probate in Maryland?

See the Maryland Courts page for the Orphans’ Court: mdcourts.gov/orphanscourt.

References

• Maryland Code, Estates & Trusts § 4-102 (Execution of wills)
• Maryland Code, Estates & Trusts § 1-202 (Right of survivorship)
• Maryland Courts, Orphans’ Court
• Maryland Code, Estates & Trusts § 5-602.1 (Self-proved wills)
• Maryland Code, Estates & Trusts § 3-203 (Elective share of surviving spouse)
• Maryland SDAT, Real Property and Homeownership FAQs
• Maryland Registers of Wills, Inheritance Tax
• Comptroller of Maryland, Estate Tax

Last reviewed: 2025-10-31. This blog post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Maryland law changes and may vary by county. Consult a licensed Maryland attorney about your specific situation.