Q: Hello, I read that in Maryland there are no "Self Proving Affidavits" for last wills. What form can be used instead...
... so that the will witnesses don't need to go to court to validate the will?
Thank you in advance
A: A properly signed and witnessed will is all you need. Maryland does not require witnesses to appear to verify the will. The only time witnesses might be needed is if someone challenged the will, but the burden is on the challenger to prove the will maker was mentally incompetent or subjected to coercion. A so-called self-proving will can also be challenged this way.
1 user found this answer helpful
A:
As the other attorney noted, Maryland does not require that witnesses to a will appear in the ordinary course of probate. The basic requirements in Maryland are that a will be in writing, signed and witnessed by 2 people who watch the Testator sign.
It is helpful, though, to type (or clearly print) the names of the witnesses and their addresses under their signatures -- both of these pieces of information are necessary when the will gets filed and in some wills with only scrawled signatures it can be difficult to determine the addresses of the witnesses.
1 user found this answer helpful
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