What Happens If You Die Without a Will in Maryland?

You've worked hard to build something for the people you love, but without a   will , you miss the chance to decide who receives it. Assuming your family will simply "work it out" when the time comes risks unnecessary challenges. Maryland law ends up making these deeply personal decisions for you, and your family navigates a confusing legal process during one of the most painful times of their lives.

Understanding Maryland's intestacy laws can be eye-opening. Once you know how the state distributes assets, you'll likely realize its formula does not match your wishes. Our Chevy Chase, MD estate planning   attorney   is here to guide you through the process of creating your will.

What Does Intestacy Mean in Maryland?

When someone passes away without a valid will, Maryland law treats the estate as "intestate." It just means that the state steps in and decides how property is divided, rather than the family. The process often takes longer and can create tension among family members. Having a will lets you clearly spell out your wishes and avoid intestacy.

Who Inherits Property if There Is No Will?

When there is no will, Maryland’s intestacy laws, under   Estates and Trusts § 3-102 , determine who inherits property. These rules are based on which family members are still living at the time of death.

Typically, property passes to close relatives such as a spouse or children. If they are not living, it may go to parents, siblings, or even more distant relatives. People who were important in the person’s life, like unmarried partners, stepchildren, or close friends, are usually left out unless they are legally recognized under the law.

This can come as a shock to families. Someone who provided daily care or shared a life with the person may receive nothing, even though they played a meaningful role for many years.

Who Manages the Estate Without a Will?

When there is no will, the court appoints a personal representative to handle the estate under   Estates and Trusts § 5-104. The law sets out an order of priority. It usually starts with a surviving spouse, followed by other close family members such as adult children or parents. If no qualified family member is available or willing to serve, the court may appoint someone else.

The appointment is not automatic and often requires court approval. Disagreements over who should serve can slow the process and add stress for the family.

Managing an estate involves collecting assets, paying debts, filing tax returns, and distributing property. This is a serious responsibility that often benefits from legal guidance.

How Long Does Probate Take Without a Will?

The reason   probate   timelines are often much longer for estates without a will or   trust   is that the court must first resolve several issues, including:

• Determining who has legal authority to act as a personal representative

• Identifying all heirs under Maryland law

• Resolving any disputes about who should manage the estate

• Allowing time for creditor notices and claims

• Reviewing required filings and court approvals

An attorney can help guide the process and reduce delays by making sure the estate follows Maryland law from the start.

Schedule a Free Consultation with a Silver Spring, MD Estate Planning Attorney

At The Eleff Law Group, our focus is on helping individuals and families plan for the future. With more than 40 years of hands-on experience, Attorney Susan Eleff provides thoughtful guidance and careful attention at every step. Her commitment is evidenced in her accolades. She holds an AV Preeminent* peer-review rating through Martindale-Hubbell and a 10.0 Superb rating from the Avvo attorney rating service. Call   301-857-1990   today to schedule your free consultation with our experienced   Chevy Chase, MD estate planning lawyer.