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Frequently Asked Questions on How to Update a Will in Maryland

Yollette Atkinson March 28, 2025

Q1: Why might I need to update my will in Maryland?

There are several reasons why someone may need to update their will in Maryland, including:

  • Significant life changes, such as marriage, divorce, the birth of children, or the death of a beneficiary or executor.

  • Changes in assets or property holdings.

  • Changes in laws affecting estate planning.

  • If you want to make new gifts, change beneficiaries, or adjust the distribution of your estate.

Learn more about this on our reasons to revise a will.

Q2: What are the legal requirements for a valid will in Maryland?

In Maryland, a will must meet the following requirements to be valid:

  • The testator (person creating the will) must be at least 18 years old and of sound mind.

  • The will must be in writing.

  • It must be signed by the testator.

  • The signing must be witnessed by at least two people who are present at the same time and who also sign the will. These witnesses cannot be beneficiaries or their spouses.

See Md. Code, Estates and Trusts § 4-102 (2024).

Q3: How do I update my will in Maryland?

To update your will in Maryland, you have two primary options:
1. Create a new will: This is the simplest method. The new will should explicitly revoke any previous wills, and it must meet the same legal requirements as the original will.
2. Add a codicil: A codicil is an amendment to an existing will that modifies specific provisions. It must also be in writing, signed, and witnessed by at least two people. A codicil can update a small part of the will without replacing it entirely.

If you choose to create a new will, you can include a clause stating that it revokes all prior wills and codicils.
See Md. Code, Estates and Trusts § 4-403 (2024). For legal assistance, visit our estate planning services.

Q4: Can I make changes to my will on my own without an attorney?

While Maryland law allows individuals to make their own will or codicil without an attorney, it’s generally recommended to consult with an estate planning attorney. An attorney can ensure that your changes are legally valid and that your will is clearly written to avoid any confusion or potential challenges.
See Md. Code, Estates and Trusts § 4-102 (2024). Learn more by contacting our Maryland wills attorney.

Q5: How do I ensure my updates are properly executed?

To ensure your updates to the will are valid:

  • Be sure to follow the legal requirements for signing and witnessing the will or codicil.

  • Store the updated will in a safe place, such as a secure file at home, a bank safety deposit box, or with your attorney.

  • Inform your executor and close family members where the updated will is stored.

  • Consider filing the will with the Maryland Register of Wills to provide notice of its existence. There is a small fee of $5 payable to the Register of Wills.

See Md. Code, Estates and Trusts § 4-204 (2024).

Q6: What if I die with an outdated will in Maryland?

If you die with an outdated will in Maryland, the will still governs the distribution of your estate, unless a more recent will exists that was not executed or stored properly. If the will is unclear or does not reflect your current wishes, Maryland’s probate court will follow the instructions in the will or apply state intestacy laws if no valid will exists. See Md. Code, Estates and Trusts § 4-101 (2024). To understand more, see our probate services.

Q7: Is there a time limit to update my will in Maryland?

There is no time limit for updating a will in Maryland, but it is best to update your will as soon as there are significant life changes or after changes in the law that might impact your estate planning. It is also good practice to review your will periodically to ensure it reflects your current wishes. See Md. Code, Estates and Trusts § 4-403 (2024).

Q8: Can I update my will after a divorce or marriage in Maryland?

Yes, after a divorce or marriage, you may want to update your will. In Maryland, if you are divorced, any provisions in your will that benefit your former spouse (such as being a beneficiary) are automatically revoked unless your will explicitly states otherwise. However, marriage does not automatically revoke your will, so you should update it to include your new spouse or reflect any other changes. See Md. Code, Estates and Trusts § 4-105 (2024).

Q9: What happens if I don’t update my will and the changes I want aren’t reflected?

If you don’t update your will, and the changes you wanted aren’t reflected, your estate will be distributed according to the terms of the last valid will or, if no valid will exists, according to Maryland’s intestate succession laws. This could result in unintended beneficiaries or distributions that don’t align with your wishes. See Md. Code, Estates and Trusts § 3-101 et seq. (2024).

By following these guidelines and understanding the relevant laws in Maryland, you can ensure that your will is updated properly and reflects your current wishes. Always consider consulting an attorney if you are uncertain about the process.

At Atkinson Law, we listen to all our clients and protect their interests so they can receive a positive legal outcome. We’ll work with you and give you the best possible recommendation for your future. To learn more about Wills, contact us today by calling (410) 882-9595 or visiting our Contact Us page.