When someone dies without a will in Maryland, their estate is distributed according to state intestacy laws, which determine who inherits property and who may serve as the personal representative.
Dying without a will—known as dying “intestate”—often requires formal estate administration in Maryland and can complicate the probate process for surviving family members.
What Does “Intestate” Mean in Maryland?
A person is considered to have died intestate when they pass away without a valid will. In these cases, Maryland law—not the decedent’s personal wishes—controls how assets are distributed.
Intestacy laws are intended to provide an orderly distribution of property, but they may not reflect what the decedent would have wanted.
Who Inherits When There Is No Will?
Maryland’s intestacy laws establish a specific order of inheritance, which generally prioritizes:
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A surviving spouse
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Children or other descendants
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Parents
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Siblings
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More distant relatives
The exact distribution depends on which relatives survive the decedent and how assets are titled.
Who Can Serve as Personal Representative Without a Will?
When there is no will, the court appoints a personal representative based on a statutory order of priority. This is often a surviving spouse or adult child, but disputes can arise when multiple individuals seek appointment.
Does an Estate Still Need to Be Opened?
When probate assets exist, an estate generally must be opened in Maryland even if the decedent did not leave a will.
Small Estate vs. Regular Estate Still Applies
Even without a will, estates are still classified as small estates or regular estates based on the value of probate assets.
Common Challenges in Intestate Estates
Dying without a will can lead to:
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Delays in estate administration
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Family disagreements
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Increased court involvement
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Outcomes that differ from the decedent’s intentions
Proper legal guidance can help reduce conflict and ensure compliance with Maryland law.
When a loved one dies without a will, estate administration can become more complex and stressful. An experienced estates and trusts attorney can help guide you through Maryland’s intestacy process and protect your interests.