Free Maryland Last Will and Testament



What is a Last Will and Testament?

A Maryland Last Will and Testament is a formal instrument that outlines how your assets will be managed and distributed after you pass away. Once the testator (one who created the will) dies, they are called the decedent. In case the decedent has minor children, the Last Will and Testament might also be used to specify someone they want to look after their young children and who they wish to control their children’s inheritance and finances until each child reaches adulthood (typically 18, but you can indicate a specific age) to deal with their finances by themselves.

In a Maryland Last Will, the decedent usually also establishes a personal representative-or co-personal representatives (several persons acting jointly in this capacity) to deal with the matters of the estate. A personal representative is somebody who gathers all the information regarding the decedent’s debt and property, pays off any remaining debts using the assets, and makes certain that the decedent’s property is distributed as provided in the will document, so this is a job with a lot of responsibility. The personal agent chosen is typically a friend or relative the decedent really counts on to bring to completion their last wishes.

Any time one dies without having a legitimate Maryland Last Will (which in the majority of states means it must be correctly witnessed, not only signed), someone will normally be selected by the court to function as personal agent and take care of the decedent’s debts, utilizing assets as necessary to do so. Consequently, the leftover assets will be distributed amongst the decedent’s beneficiaries in line with the legislation of the state the decedent resided in.

In some states, in case one spouse passes away leaving their wife or husband, that surviving spouse will end up with all the decedent’s assets in the absence of a Will containing the opposite. Additionally, the testator might have predetermined a particular individual to inherit a life insurance policy, retirement account, or other asset, and this inheritor designation will determine who is given those assets even without a Last Will.

The crucial thing to take note of is the fact that anyone who would like to specify exactly how their possessions will be distributed after their passing should absolutely make and properly sign a Will to make sure their wishes are recognized and executed. With no will, you most likely are leaving it up to chance, the laws of the state, or a lawcourt as to the way your final matters will be wrapped up.

Legal Requirements for Last Wills in Maryland

Last will form regulates the process of transferring of estate or assets to other people after the death of a person. Usually, people prefer to complete the last will form and sign it before death when they know that the court will make no satisfactory decision about the next proprietor of an estate. The person who signs the form and records his or her will on this paper is called a testator. Another side of this deal is called beneficiary — the person who receives the property after the death of the testator. If the testator is not able to sign the form by him or herself or he or she wants to assign a person who will need to check the execution of the will testator can fill it in the form. The assigned person for these tasks is called executor or representative.

The last will is the form that can be changed even after the execution process by the testator. It is crucial for the person making a will to check it because the state of property and assets can change before death. The testator should correct the form if something changed in his or her property.

As regards laws and requirements, Maryland has almost the same rules about the completion and signing process of the last will as most other states. However, it is still crucial to check the requirements before signing to be sure that the last will will be valid after the death and the property will be transferred to the right people.

Requirements for the signing process and testator itself in Maryland are presented below:

  • Last will should be signed by the testator and at least two witnesses;

  • The will should be written;

  • The testator should be 18 years old or more;

  • The testator should be in a healthy mental condition — understand the content of the last will form, agree with assigned beneficiaries, be aware of the property he or she owns.

Except for requirements for the testator, there are limitations about the property ownership of which can be regulated by the last will.

So, people cannot manage their property with the last will form if:

  • Estate or assets are shared or jointly-owned;

  • Benefits from life insurance;

  • Pension already assigned to a beneficiary.

The most important thing to know is that the testator can use the property as he or she wants until death even though there are beneficiaries prescribed in the will. The will starts to be valid only after the death of the testator and the probate process in the court.

Last Will Forms for Neighboring States