When Does a Will Make Sense in Maryland?

One of the biggest misconceptions in estate planning is that everyone needs a trust.

The reality is that many Maryland families are well-served by a properly drafted will combined with a financial power of attorney and advance medical directive.

Trusts can be valuable tools in the right circumstances, but they are not the answer to every estate planning problem. In many situations, a will provides a practical, cost-effective solution that accomplishes a family's goals without the additional complexity of trust administration.

The key is understanding when a will is sufficient and when additional planning may be beneficial.

The Family with a Simple Estate

Consider a married couple who own a home in Maryland, maintain retirement accounts with beneficiary designations, and have two adult children.

Their assets are straightforward. Their children get along. There are no business interests, no special needs beneficiaries, and no concerns about protecting assets over multiple generations.

For many families in this situation, a will may be all that is necessary.

The will identifies who receives property, names a Personal Representative to administer the estate, and ensures that assets pass according to the family's wishes.

Not every estate requires advanced planning. Sometimes simplicity is the best solution.

The Family Whose Assets Already Avoid Probate

Many people are surprised to learn that a significant portion of their assets may already pass outside of probate.

Life insurance policies, retirement accounts, payable-on-death bank accounts, transfer-on-death accounts, and jointly owned property often transfer directly to beneficiaries without becoming part of the probate estate. Maryland's new Transfer-on-Death Deed Act, signed into law in May 2026, now gives homeowners a simpler way to keep real estate out of probate entirely.

A common example is a married couple who own their home as joint tenants with right of survivorship or as tenants by the entirety. When one spouse dies, ownership of the property generally passes automatically to the surviving spouse by operation of law. No probate is required to transfer the deceased spouse's interest in the property.

Similarly, retirement accounts and life insurance policies with properly designated beneficiaries usually pass directly to those beneficiaries without court involvement.

As a result, some families discover that very few of their assets are actually subject to probate. If most assets already pass by beneficiary designation or survivorship rights, the remaining probate estate may be relatively small.

In these circumstances, a well-drafted will may provide an effective safety net without the additional expense and administration associated with a trust.

That does not mean a trust is never appropriate. Trusts can still provide advantages for incapacity planning, privacy, blended families, and asset management. However, when evaluating whether a trust makes sense, it is important to first determine which assets are actually likely to pass through probate in the first place.

The Family with a Small Estate

Maryland provides simplified probate procedures for smaller estates. If most assets pass outside probate and the remaining probate assets fall within Maryland's small estate thresholds, administration may be far simpler than many people expect.

In these circumstances, the cost and effort of creating and funding a trust may outweigh the benefits, making a will a practical and efficient planning tool.

Parents of Young Children

Every parent with minor children should have a will.

A trust may be appropriate in some situations, but a will serves an essential function that no trust can replace.

A will allows parents to nominate guardians to care for their children if both parents pass away before the children reach adulthood.

Without a will, the court must determine who will serve in that role without the benefit of the parents' expressed wishes.

For many young families, the most important estate planning document is the will.

The Family Looking for Simplicity

Some clients value simplicity above all else.

They do not own property in multiple states. They do not own a business. They do not have complex family dynamics or substantial assets requiring ongoing management.

For these families, creating and maintaining a trust may provide little practical benefit.

A well-drafted will can accomplish their goals while keeping the estate plan straightforward and easy to understand.

Estate planning should be tailored to the client, not the other way around.

The Family Concerned About Cost

Trusts generally require more work to create than wills. They also require assets to be transferred into the trust in order to achieve the intended benefits.

For some families, those additional costs are justified by the advantages a trust provides.

For others, the benefits may not outweigh the expense.

A will often provides meaningful protection at a lower initial cost and may represent an appropriate solution depending on the client's objectives and circumstances.

When a Trust May Still Be Worth Considering

Even when a will appears sufficient, certain circumstances may warrant additional planning.

Ownership of real estate in multiple states, blended families, significant assets, business interests, concerns about incapacity, special needs beneficiaries, or a desire for privacy may justify the use of a trust.

The decision should be based on your specific circumstances rather than a one-size-fits-all recommendation. If your circumstances point toward a trust, there are several situations where a trust does more than avoid probate — including incapacity planning, blended families, and business continuity.

The Real Question

The question is not whether wills are better than trusts.

The question is whether a trust solves a problem that you actually have.

Many Maryland families have straightforward goals and straightforward estates. For those families, a properly drafted will may provide all the protection they need.

Others face unique circumstances that make a trust advantageous.

Determining which category you fall into requires a careful review of your assets, family structure, and long-term objectives.