When someone passes away, their will helps settle their estate according to their wishes. But what if that will was written entirely by hand? In Maryland, handwritten wills—called holographic wills—create challenges during probate. Knowing how state law treats them helps you avoid confusion and delays.
Understanding handwritten wills
A handwritten or holographic will means the person wrote and signed it completely in their own handwriting. Unlike typed wills, these documents often lack witnesses. Maryland law sets strict rules for accepting such wills. The state only recognizes a handwritten will if the person wrote and signed it while serving in the U.S. armed services and stationed outside any U.S. state, territory, or the District of Columbia. This type of will stays valid for one year after discharge unless the person dies or loses testamentary capacity during that period.
Requirements for a valid will in Maryland
Maryland Estates and Trusts Code § 4-102 requires a valid will to be written, signed by the person making it, and witnessed by two individuals who are present at the same time. The witnesses must also sign the will. A handwritten document without witnesses rarely meets this standard. However, probate courts review whether the document shows clear intent, mental capacity, and voluntary creation. If those elements appear, the court may still consider the person’s wishes, though formal requirements take priority.
Challenges during probate
Even when a handwritten will seems legitimate, family members or heirs may challenge it. Common disputes involve claims of forgery, lack of capacity, or undue influence. Because handwritten wills often lack witnesses, proving authenticity becomes more difficult. These challenges can delay probate and increase costs.
Why formal wills prevent future problems
Writing and signing a formal, witnessed will ensures your wishes take effect without extra hurdles. It prevents confusion, limits family disputes, and helps probate move efficiently. While a handwritten will might seem easier, it often creates more problems once it reaches court.