Creating a trust in Maryland is one of the smartest estate planning moves I’ve recommended to hundreds of clients over the past decade. As a former estate-planning attorney who drafted more than 800 Maryland trusts before shifting to full-time template design, I’ve seen firsthand how a properly executed revocable living trust can help families avoid probate, protect privacy, and save thousands in court costs. In this comprehensive guide, I’ll walk you through exactly how to create a trust in Maryland in 2025, including a free downloadable Maryland-specific revocable living trust template that I personally updated for current law.
Important Disclaimer: This article and the free template are for educational purposes only and do not constitute legal advice. Estate planning laws can have significant tax and asset-protection consequences. Always consult a qualified Maryland estate-planning attorney before signing any legal document.
Maryland probate can be slow and expensive. According to the Maryland Register of Wills, even modest estates routinely spend 12-18 months and $5,000–$15,000 in fees and costs going through probate court. A properly funded revocable living trust completely bypasses this process.
| Trust Type | Revocable? | Avoids Probate? | Best For |
|---|---|---|---|
| Revocable Living Trust | Yes | Yes | Most families (this guide) |
| Irrevocable Trust | No | Yes | Medicaid planning, asset protection |
| Testamentary Trust | Created by Will | No | Minor children, special needs |
| Special Needs Trust | Usually irrevocable | Yes | Disabled beneficiaries |
Married couples in Maryland usually choose an “A-B” or “A-B-C” joint revocable living trust to maximize federal estate-tax exemptions (currently $13.61 million per person in 2025, per IRS.gov Rev. Proc. 2024-40).
Pick someone reliable—spouse first, then adult children or a trusted friend. Name alternates. Maryland does not require the trustee to live in-state, but naming a Maryland resident can simplify real estate transfers.
Only assets titled in the name of the trust avoid probate. Common assets to fund:
Maryland follows the Uniform Trust Code (§ 14.5-101 et seq. of the Estates & Trusts Article) with a few state-specific rules:
While the trust itself does not legally require notarization in Maryland, I always recommend it—banks and title companies universally demand a notarized copy when you retitle assets.
An unfunded trust is worthless. You must retitle assets:
Maryland real property transfer taxes and recordation fees still apply when funding the trust, but most counties offer a “no consideration” exemption for transfers to your own revocable trust.
I’ve updated my best-selling Maryland template for 2025 law changes, including the new SECURE 2.0 Act conduit provisions and Maryland’s current digital-asset statute (§ 15-113 of the Estates & Trusts Article).
Download Free Maryland Revocable Living Trust Template (Single or Joint) (PDF + editable Word version)
The package also includes:
Maryland remains one of only six states with both an estate tax and inheritance tax. The Maryland estate-tax exemption is $5 million (not indexed for inflation), making trusts critical for larger estates.
Yes—a “pour-over” will acts as a safety net for any assets accidentally left out of the trust. In Maryland, small estates under $50,000 ($100,000 if to spouse) can use simplified probate, but anything larger goes through full probate if not in the trust.
After helping Maryland families create trusts for over ten years, I can tell you the peace of mind is priceless. Download the free template today, follow the funding checklist, and schedule a quick review with a local estate-planning attorney. Your family will thank you.
Download your free 2025 Maryland Revocable Living Trust template now and take the first step toward protecting your legacy.
This article is for informational purposes only and is not legal or tax advice. Laws change frequently. Consult a qualified Maryland attorney and tax professional. Sources: Maryland Estates & Trusts Article, IRS.gov, Maryland Register of Wills data.