Validation of Wills in Maryland and Virginia
A will is a legal document that enables a person to have the choice in how their property
and other belongings are split amongst loved ones upon their death. Thus, allowing the person(s)
to have the last say and the ability to leave specific things to specific people. Many people
prepare a will in advance in order to have their wishes granted after they depart this world. A
person can make changes to their will even once it has been filed or recorded, so long as they are
not coerced to do so. “A will is the final declaration of how a person wishes to have his or her
property disposed of after death. The maker of a will is also called a testator,” Roger LeRoy
Miller, et al, Paralegal Today: The Legal Team at Work (8th ed. 2022).
The laws regarding requirements for a will to be valid can vary amongst different states.
State laws are referred to as codes, statutes, and/or regulations depending on the state. “The term
“State law” includes all laws, decisions, rules, regulations, or other State action having the effect
of law, of any State” 29 USC § 1144(c)(1). On the contrary there are some states that have
similar laws in reference to the validation of a will. Maryland and Virginia are two states that
have similar requirements, but also have some minor differences.
Virginia Code
Virginia Code § 64.2-403 for the execution of wills requirement state the following; “No
will shall be valid unless it is in writing and signed by the testator, or by some other person in the
testator's presence and by his direction, in such a manner as to make it manifest that the name is
intended as a signature” Code of Virginia Chapter 4. Wills Article 5. Probate Code 1950, §§ 64-
72, 64-72.1; 1966, c. 330; 1968, c. 656, §§ 64.1-75, 64.1-76; 2012, c. 614.
https://law.lis.virginia.gov/vacodefull/title64.2/chapter4/. This is written in chapter 4 of the
Virginia Code and it is stating the will must be written by and executed by the party that owns
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said property as stated within the will. If the will is prepared or written by another party, then it
should be executed in front of a Notary Public for the Commonwealth to validate the signature.
Virginia Code states that two competent persons must witness the execution of the will in
order for it to be valid or it may require a notary to witness. “A will wholly in the testator's
handwriting is valid without further requirements, provided that the fact that a will is wholly in
the testator's handwriting and signed by the testator is proved by at least two disinterested
witnesses.” Code of Virginia Chapter 4. Wills Article 5. Probate Code 1950, §§ 64-72, 64-72.1;
1966, c. 330; 1968, c. 656, §§ 64.1-75, 64.1-76; 2012, c. 614.
https://law.lis.virginia.gov/vacodefull/title64.2/chapter4/. Thus, meaning the two people
witnessing the execution of the will cannot be parties of interest and they must also execute the
will as witnesses. The Commonwealth of Virginia does not allow oral or verbal wills and only
allows written wills. The Virginia Code has a few exceptions to this, but only in extreme
circumstances, such as a person who is in active service in the U.S. Military.
If there is any real estate owned that did not transfer on to someone else by survivorship
per the Deed of Trust, the will must be probated and an estate to be opened. Virginia Code §
64.2-443 states, “The circuit courts shall have jurisdiction of the probate of wills. A will shall be
offered for probate in the circuit court in the county or city wherein the decedent has a known
place of residence; if he has no such known place of residence, then in a county or city wherein
any real estate lies that is devised or owned by the decedent; and if there is no such real estate,
then in the county or city wherein he dies or a county or city wherein he has estate” Code of
Virginia Chapter 4. Wills Article 5. Probate Code 1950, §§ 64-72, 64-72.1; 1966, c. 330; 1968, c.
656, §§ 64.1-75, 64.1-76; 2012, c. 614. https://law.lis.virginia.gov/vacodefull/title64.2/chapter4/.
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Maryland Code
Maryland code in reference to the requirements for validating a will is part of article 4 of
the code and it states, “§4–102 Any person may make a will if the person is 18 years of age or
older, and legally competent to make a will. (ii) The electronic presence of the testator, provided
that an electronic will or remotely witnessed will satisfies the requirements under subsection (c)
or (d) of this section. (iii) An acknowledgement of the testator and the affidavits of the attesting
witnesses before: A notary public, under seal, attached or annexed to the will, in substantially the
following form and content:” Maryland General Assembly Laws, Article - Estates and Trusts,
§4–102. https://mgaleg.maryland.gov/2024rs/misc/billsmasterlist/legislation.json. A person must
be the age of 18 or older and must execute the will in front of witnesses and that a notary public
can be a witness, but is not a requirement. The witness can also be a beneficiary although it is
better if the witness is not a person named in the will.
In Maryland, the will must be filed with the court in the county in which they live in and
must go through probate by the person named as personal representative. “The personal
representative is responsible for taking your will through probate. The personal representative
pays your bills and taxes and distributes your property according to your instructions” The
People’s Law Library of Maryland, Wills, Estates, Probate. Frequently Asked Questions,
https://www.peoples-law.org/frequently-asked-questions-about-wills.
In both states have similar requirements such as must be executed in front of witnesses
and that an estate must be opened by the heirs of the decedent. The will has to be registered,
recorded, or filed in both states. The differences are Maryland a handwritten will can be accepted
in special circumstances, such as military servicemember. In Virginia, handwritten wills are only
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accepted if the will was written in front of witnesses to validate the handwriting. Adam S.
Abramowitz, Does Your Last Will and Testament Measure Up in Maryland, D.C. or Virginia?
Stein Sperling Attorneys at Law: Articles (October 13th, 2017), https://steinsperling.com/will-
call-does-your-last-will-and-testament-measure-up-in-maryland-d-c-or-virginia/. It is important
to have a will in place with the certainty of knowing that your wishes for your affairs to be
awarded when you pass this world.
Adam S. Abramowitz, Does Your Last Will and Testament Measure Up in Maryland, D.C. or
Virginia? Stein Sperling Attorneys at Law: Articles (October 13th, 2017),
https://steinsperling.com/will-call-does-your-last-will-and-testament-measure-up-in-maryland-d-
c-or-virginia/.
The People’s Law Library of Maryland, Wills, Estates, Probate. Frequently Asked Questions,
https://www.peoples-law.org/frequently-asked-questions-about-wills.
Paralegal Today: The Legal Team at Work(Eighth). (2022). Cengage Learning.
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