When someone passes away without a will in Maryland, they are said to have died “intestate.” This means that Maryland’s intestacy laws will determine how that person’s property is distributed—regardless of what they may have verbally promised or what their loved ones believe they would have wanted. Dying without a will can lead to unintended consequences and confusion for surviving family members.
In this blog post, we’ll break down what happens if you die without a will in Maryland and why having a will is crucial for protecting your loved ones and your legacy.
What Is Intestate Succession in Maryland?
Intestate succession is the legal process the state uses to distribute the property of someone who dies without a valid will. In Maryland, this process is governed by state law and follows a strict hierarchy of heirs.
Key Assets Affected:
- Real estate
- Bank accounts
- Personal property (cars, jewelry, furniture, etc.)
- Investments and business interests
- Assets like life insurance policies, retirement accounts, and jointly-owned property with survivorship rights are typically not governed by a will and will instead pass directly to the named beneficiary or co-owner.
Who Inherits If You Die Without a Will in Maryland?
The distribution of assets depends on your marital status, whether you have children, and whether your parents are still alive at the time of your death. Here’s a general breakdown:
1. Married with Children
Spouse inherits: half of the estate
Children inherit: the other half (split equally among them)
2. Married, No Children, But Living Parents
Spouse inherits: the first $40,000 and half of the remaining estate
Parents inherit: the remaining half
3. Married, No Children or Parents
Spouse inherits everything
4. Single with Children
Children inherit everything, divided equally among them
5. Single, No Children, Parents Still Alive
Parents inherit everything
6. Single, No Children or Parents
Estate passes to siblings, then to nieces and nephews, and so on
7. No Living Relatives
If no relatives can be found, your estate will escheat to the state of Maryland, meaning the state becomes the owner of your assets.
Problems That Arise When You Die Without a Will
Dying intestate in Maryland can cause several issues, including:
- Family disputes over inheritance
- Delays in probate and estate administration
- Higher legal fees and court costs
- Assets possibly going to people you wouldn’t have chosen
- The appointment of a court-selected personal representative instead of someone you trust
Why Creating a Will Is Essential in Maryland
Creating a valid will ensures your wishes are honored and your loved ones are protected. A will allows you to:
- Choose your beneficiaries
- Name a guardian for minor children
- Designate an executor to handle your estate
- Simplify the probate process
- Potentially reduce estate taxes and legal fees
How to Create a Will in Maryland
To be legally valid in Maryland, your will must meet the following requirements:
- Be in writing
- Be signed by you (the testator)
- Be witnessed by two competent individuals who are not beneficiaries
While you can write a will yourself, it’s best to work with an experienced Maryland estate planning attorney to ensure it complies with all legal standards and truly reflects your wishes.
Don’t Leave Your Legacy to Chance
Dying without a will in Maryland puts your estate in the hands of state law, not your loved ones. The best way to protect your family and your future is to create a comprehensive estate plan—including a will, powers of attorney, and advance directives.
If you’re ready to get started or have questions about Maryland intestacy laws, we’re here to help.
📞 Ready to Create Your Will?
Contact Jacobson Family Law today to schedule a consultation with a Maryland estate planning attorney. Let’s create a plan that gives you peace of mind and protects the people you love.
