Why Would I Write a Will?
A lot of people do not think they need a will. Some feel they are not going to die anytime soon. Others believe they do not have anything worth passing on. But people without a will are making some big assumptions, and in the District of Columbia and Maryland, the law already has a plan for anyone who does not make their own. That plan may look nothing like what you would have chosen.
Assumption 1: "I'm too young (or too healthy) to need a will"
Being young or having a clean bill of health is no guarantee. An actuarial table can tell you how long someone your age is likely to live. It cannot tell you how long you will live. If the odds always held, there would never be any point in betting on a longshot.
Accidents, sudden illnesses, and other surprises do not check your age first. A will is not a prediction that something bad will happen. It is a plan for the people you love in case it does.
Assumption 2: "I don't have any assets"
When people think of assets, they usually picture things that would show up on a balance sheet: cash, investments, a car, or a house. But as the saying goes, "All that glitters is not gold." A will can accomplish valuable goals even when there is little money involved.
To your surviving family and friends, even small things can hold enormous meaning. A souvenir from a once-in-a-lifetime trip may have almost no market value, yet be priceless to the friend who was there with you. A will lets you say who gets the things that matter, not just the things that are worth money.
Without a will, those choices are made for you by your jurisdiction's intestacy laws, which follow a fixed formula based on family relationships:
| If you die without a will and leave... | District of Columbia | Maryland | |||
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| A spouse and no children or parents |
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Spouse takes everything | |||
| A spouse and minor children | Spouse's share is two-thirds or one-half, depending on the family tree; children share the rest |
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| An unmarried partner |
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Nothing. | |||
| Stepchildren you raised | Generally nothing unless adopted | Generally nothing unless adopted | |||
| No relatives at all | Estate goes to the District | Estate goes to the State (the county board of education or the Maryland Department of Health) |
The formula does not account for a close friend, a chosen family member, a stepchild you raised but never adopted, or a charity you care about. Only a will can include them. Sources: D.C. Code § 19-302; Maryland intestacy law (People's Law Library).
Your most important "assets" don't have price tags: children and pets
Some of the most important things you leave behind are not investments at all.
Children. People cannot be owned, so children are not assets in any legal sense. But for parents, deciding who will raise them is the most important decision a will can make. Both D.C. and Maryland let a parent name a guardian for minor children in a will. Without one, a court picks the guardian, and it may not choose the person you would have. A will can also name someone to manage any money your children inherit until they are old enough to handle it.
Pets. In the eyes of the law, a pet is property. That means a pet without a plan passes like any other property, to whoever inherits under the intestacy formula, whether or not that person wants or can care for an animal. A will can name a caregiver. Going a step further, both D.C. (D.C. Code § 19-1304.08) and Maryland allow a pet trust, which sets aside money for an animal's care and appoints someone to make sure it is spent that way.
A small estate today may not be small tomorrow
Even if you do not have significant financial assets now, your estate might not stay small. If a person dies unexpectedly, for example in a car accident or because of medical negligence, the death itself can create assets.
In Maryland, a survival action lets the estate recover damages the person could have claimed had they lived, such as medical bills and pain and suffering. That money goes to the estate and passes under the will, or under intestacy if there is no will (source). A life insurance policy or retirement account with no living beneficiary can also land in the estate. An estate that looked like a few personal belongings can suddenly involve a lawsuit and a significant sum of money.
That is exactly when it matters who is in charge. A will lets you choose your personal representative, the person who handles the estate, pursues claims, and pays debts. Without one, the court appoints someone according to a priority list, and family members can end up disagreeing about who it should be.
A will can also save money. Personal representatives are generally required to post a bond, which works like insurance and is paid for out of the estate. In Maryland, a will can expressly excuse the full bond (Est. & Trusts § 6-102). Without that language, avoiding the bond requires written waivers from the people interested in the estate, and the D.C. Probate Division's waiver form works heir by heir. That can be hard to get when heirs are numerous, minors, or estranged.
Making it count: what a valid will requires in D.C. and Maryland
A will only works if it meets your jurisdiction's formal requirements. A missed step can void the whole document, and neither jurisdiction will generally rescue a paper will with a technical defect.
| Requirement | District of Columbia | Maryland | |||
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Yes | Yes | |||
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Not required | Not required | |||
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Not valid | Not valid (narrow exception for service members abroad) | |||
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Void as to that witness, beyond their intestate share | Allowed, but disinterested witnesses are safer | |||
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Allowed since 2023 | Allowed since 2022, with remote-witnessing rules |
Sources: D.C. will execution requirements (D.C. Code §§ 18-102 to 18-104, 18-905); Maryland will execution requirements (Est. & Trusts §§ 4-102 to 4-104).
An online template or a handwritten note may feel like enough, but a will that fails these rules is treated as if it never existed. Your estate then passes under the intestacy formula described above.
The bottom line
A will is not just for the wealthy or the elderly. It is how you decide who raises your children, who cares for your pets, who receives the things that mean something, and who is in charge if the unexpected happens. If you do not make those choices, D.C. or Maryland law will make them for you.
Writing a will does not have to be expensive or complicated. I offer flexible, limited-scope services: I can draft your will from start to finish, or review one you have prepared to make sure it will hold up. I meet clients in person in D.C., at your location, or virtually.
Ready to get started? Call (202) 753-5040 or visit www.mdschenkerlaw.com.
This post is general information about District of Columbia and Maryland law, not legal advice, and reading it does not create an attorney-client relationship. Laws change, and every situation is different. Please consult an attorney about your specific circumstances. Attorney advertising.