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A Last Will and Testament is a legal document that becomes effective only at death. It allows you to name a personal representative to manage your estate through probate and to specify how your assets should be distributed according to your wishes.
A will is also the primary document used to nominate guardians for minor children. Without a valid will in place, Maryland law determines how assets are distributed and who may serve in key roles, regardless of your personal preferences.
While a will is an essential estate planning document, it does not avoid probate and does not function during your lifetime. Once submitted to the Register of Wills, it becomes a public record, meaning asset distributions and beneficiary information may be accessible to others.
A will also does not provide authority for medical or financial decisions during incapacity and does not offer asset protection. For these reasons, many people use a will as part of a broader estate plan that includes trusts, powers of attorney, and health care directives.
What is a will?
A will is a set of instructions that dictates how your assets are distributed after death. It has no legal authority until it is submitted to probate.
What does a personal representative do?
The personal representative, sometimes called an executor, is responsible for collecting assets, paying debts, and distributing property according to the terms of the will.
Can a will be changed?
Yes. A will may be amended or completely replaced at any time during your lifetime as long as you are of sound mind.
What happens if I die without a will?
If you die without a will, your estate is distributed according to Maryland intestacy laws, not your personal wishes.
What are the disadvantages of relying on a will alone?
A will does not avoid probate, does not provide incapacity planning, and does not protect assets. Additional planning documents are often needed to fully protect your family and estate.
