New Market, MD asked in Estate Planning for Maryland

Q: I completed an online will, but my bank does not notarize wills. In Maryland, where can I get this will notarized?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A Will does not require notarization in Maryland, and in fact, signing before a notary public alone is insufficient to make a valid Will in Maryland. To be valid, a Will must be in writing, and signed by the maker in the presence of two witnesses who also sign the Will in the presence of the maker and each other. Better yet, the witnesses should sign under a proper attestation clause, which establishes a presumption of due execution and validity. There are so many things that can go wrong with using an online form and not understanding the implications, effects and limitations of the distribution clauses, that you should really have the Will reviewed by a lawyer to be sure the Will does what you intend for it to do. A Will is among the lowest cost services provided by most lawyers. For such an important document, you should make certain it is done correctly. It will be too late to fix it once you are gone, or after you become mentally incompetent.

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