Planning for the future often takes a back seat to everyday life. But when it comes to end-of-life decisions, creating a will is one of the most meaningful ways to protect your loved ones and your legacy. If someone dies without a will in Maryland, state law determines who inherits their estate—which may not reflect their wishes.
Below, we’ll walk through what happens when a Maryland resident dies “intestate,” or without a will, and how the probate process unfolds in these cases.
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Maryland’s Intestacy Laws Explained
When someone passes away without a will in Maryland, their estate is distributed based on the state’s intestacy laws. These laws establish a strict order of who inherits property, starting with the surviving spouse and descendants (children, grandchildren, etc.).
Only legal relatives—including adopted children—can inherit through intestacy. Stepchildren and foster children are not considered heirs unless legally adopted.
How Does Probate Work in Maryland If There Is No Will?
Probate is the court-supervised process of settling a deceased person’s estate. In Maryland, it involves several key steps, even when there’s no will:
1. Filing a Petition for Administration
A close family member or interested party must file this petition with the Register of Wills in the county where the decedent lived.
2. Appointing a Personal Representative
The court appoints a personal representative (often a spouse or adult child) to manage the estate. This person is responsible for gathering assets, paying debts and taxes, and distributing what remains to heirs.
3. Handling Claims and Distributions
Creditors have the right to make claims against the estate. Once debts are settled, remaining assets are distributed based on Maryland’s inheritance laws.
4. Small Estate Option
Maryland offers a simplified probate process for small estates:
- Value ≤ $50,000, or
- ≤ $100,000 if the spouse is the sole heir
This can save time and legal fees, but eligibility depends on the size and complexity of the estate.
Who Typically Inherits Assets in Maryland If There Isn’t a Will?
Who inherits what depends on who survives the decedent:
- Spouse only, no children or parents: Spouse inherits everything.
- Spouse and minor child: Spouse gets 50%; child gets 50%.
- Spouse and adult children: Spouse receives the first $40,000 and half of the remainder; children split the rest.
- Spouse and parents (married <5 years): Spouse gets the first $40,000 and half of the rest; parents receive the remainder.
- Children only (no spouse): Children share the estate equally.
- Parents only (no spouse or children): Parents inherit the entire estate.
- No immediate family: Siblings, grandparents, or other relatives may inherit, depending on the family tree.
Frequently Asked Questions: Dying Without a Will in Maryland
What happens when a parent dies without a will?
If there’s no surviving spouse, the children split the estate equally. If a child predeceased the parent, their own children inherit their share.
What rights does a surviving spouse have without a will?
Spousal rights depend on the presence of children or parents and the length of the marriage. The surviving spouse often receives a significant portion, but may not inherit everything.
How do you become the personal representative?
If no will names an executor, Maryland courts give priority to the surviving spouse or children. You must file a petition, demonstrate your eligibility, and may be required to post a bond.
Who is considered next of kin?
“Next of kin” generally refers to the closest legal relatives, such as a spouse, children, parents, or siblings. Maryland law defines this order precisely for intestate estates.
When does the state take the property?
If no heirs can be located—even distant relatives—the estate “escheats” to the State of Maryland. This is rare, as most estates have at least one living relative.
Final Thoughts: Why Estate Planning Matters in Maryland
Without a will, your loved ones may face delays, court proceedings, and outcomes you never intended. By creating even a simple will, you control who receives your property, simplify the process for your family, and potentially avoid the full probate process.
Maryland’s probate system is structured but can be time-consuming and costly without proper planning. Whether you’re getting started or updating your plans, estate planning is one of the most compassionate steps you can take for those you love.
