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Information regarding wills, probate and the registering of wills in Maryland is handled by the Register of Wills office in each jurisdiction. The Register of Wills serves as the Clerk to the Orphans Court, which has jurisdiction over judicial probate, administration of estates and conduct of personal representatives.

Contesting a Maryland will can be a complicated process. A will contest is often done through a caveat proceeding. There is a time for a caveat proceeding after – it is usually six months – an estate is opened, then that will can be caveated. A caveat or the challenge can be served for any number of reasons.

In Maryland, a will must be (1) in writing (typed or handwritten), (2) signed by the person making the will, and (3) attested and signed by two credible witnesses in the presence of the person making the will. The person making the will and the two witnesses must be at least 18 years of age and legally competent.

A ?Living? or Revocable Trust A revocable living trust is a common method many people use to avoid probate in Maryland and in other states. The ?living? part means that it needs to be established while you are alive and that you have control over your assets during your life.

An estate can qualify for small estate probate in Maryland if: The value of the assets subject to probate is less than $50,000. The value of the assets subject to probate is less than $100,000 and the spouse is the sole legatee or heir.

Creating a Will Without Any or Proper Witnesses Present One reason a Will might be considered invalid is the absence of proper witnesses during its creation. Most jurisdictions require the presence and signatures of at least 2 competent, disinterested witnesses.

Once the individual passes away, the estate administration process begins. The type of probate proceedings available in Maryland depends on the facts of the case. Generally, if an individual dies with assets in his or her sole name, probate will be required.

In Maryland, a valid will must be (1) in writing, (2) signed, and (3) attested and signed by two credible witnesses. It may be handwritten or typed and any two adults can be witnesses. A will does not require a notary, though a notary can be a witness. Electronic, oral, and video wills are not valid in Maryland.

The person making the will and the two witnesses must be at least 18 years of age and legally competent. Audio, oral, and video wills are not valid. Why Should You Make A Will ? A will is one of the most important of all legal documents.