It's almost the end of 2026. Here's something a lot of Bethesda, MDns tell themselves: "We don't have an estate tax here, so I don't really need a will." It's true that Bethesda, MD has no estate tax and no inheritance tax. But a will was never mainly about taxes. It's about making sure the right people get what you've built, and that they don't have to guess what you wanted. With 2026 winding down, now is a great time to get it done.

Without a will, Bethesda, MD law makes the choices

Family business estate planning attorney Bethesda, MD Most people forget that if you die without a will in Bethesda, MD, a state formula decides who inherits. That formula can surprise people.

  • If you're married and have children from a prior relationship, your spouse may receive only one third of your estate, with the rest going to your children
  • Unmarried partners, stepchildren and close friends generally receive nothing
  • This is incentive enough. Did you know the court picks the guardian for your minor children, and it may not be who you would have chosen
  • A court appoints the person who settles your estate, which can mean added cost and delay

A will puts those decisions back in your hands.

No estate tax doesn't mean no costs

Contract lawyer Bethesda, MD does charge a probate tax when an estate goes through the court process.

  • The state tax is 10 cents per $100 of value on estates over $15,000
  • Many cities and counties add a local tax of up to one third of the state amount
  • On a $500,000 estate, that's roughly $667 before attorney fees, court costs and bond premiums

Your attorney will guide you. A good plan can keep more of your assets out of probate altogether. Tools like beneficiary designations and Bethesda, MD's transfer on death deed for real estate work best when they're coordinated with a will.

Own property across the river? Pay attention

The DMV or DC metro area is unique. Plenty of Northern Bethesda, MD families have ties to Maryland or DC, and those neighbors are not so relaxed about death taxes.

  • Maryland taxes estates over $5 million and also has a 10% inheritance tax on some heirs
  • DC taxes estates over $4,988,400 in 2026
  • A condo in the District or a beach house in Ocean City can pull your estate into those rules, even if you live in Bethesda, MD

If you own real estate outside Bethesda, MD, your plan should account for it.

Why act before the end of 2026

  • Federal rules just changed. The federal estate tax exemption rose to $15 million per person this year and is now permanent. Older wills with formulas tied to the federal number may now send far more to a trust than you meant to.
  • Your 2026 gift allowance expires. You can give up to $19,000 per person this year without using any of your lifetime exemption. Unused amounts don't roll over.
  • Life changes add up. A marriage, divorce, new grandchild or move during the year is a signal your documents need a fresh look.
  • The holidays are a natural time to talk. When family gathers, it's easier to share your wishes face to face.

Your year-end checklist

  • Hire an attorney. 
  • Make a list of what you own and how each asset is titled
  • Choose an executor and a backup
  • Name a guardian for any minor children
  • Update beneficiaries on retirement accounts and life insurance
  • Sign a durable power of attorney and an advance medical directive
  • If you already have a will, make sure it still fits current law and your family

Give your family the gift of clarity

It's more for them not you. The best thing you can leave behind is a clear plan. A Bethesda, MD estate planning attorney can usually help you put the essentials in place in just a couple of meetings. Make it one of your goals for the last weeks of 2026, so your family never has to wonder.  

This post is general information, not legal advice. Reach out to us and one of our friendly team members will help you!   We also do estate planning for D.C. and Maryland.