What Happens If Someone Dies Without a Will in Maryland?

What Happens If Someone Dies Without a Will in Maryland? Without a written will, the deceased person (the “decedent”) has not named beneficiaries, chosen a personal representative, or given instructions for how they want their assets divided. Instead, Maryland law, specifically the state’s intestacy statutes, determines who inherits and how the estate is settled.

Understanding what happens when there is no will can help families navigate the probate process with fewer surprises and avoid unnecessary conflict. Here’s a clear explanation of how Maryland handles estates when someone dies “intestate.”

The Probate Process Still Occurs

A common misconception is that probate is only necessary when there is a will. In Maryland, probate is required with or without a will unless all property passes through joint ownership or beneficiary designations.

When someone dies without a will:

1. An estate must be opened with the Register of Wills in the county where the decedent lived.

2. A personal representative (also called an administrator) must be appointed.

3. The estate is then managed and distributed according to Maryland law.

If the decedent did not name a personal representative—which only happens through a valid will—Maryland law provides a priority list for who can serve. Typically, the spouse has first priority, followed by adult children, then parents, siblings, or other relatives.

How Maryland Decides Who Inherits

What happens if someone dies without a will, Maryland’s intestacy laws determine who receives the estate. The distribution depends on the decedent’s family structure.

1. Married With Children

If the decedent is survived by a spouse and children who are also children of the surviving spouse:

• The spouse inherits the first $40,000 plus half of the remaining estate.
• The children inherit the other half.

If the decedent has children from another relationship:

• The spouse inherits half of the estate, and
• The children share the other half.

2. Married Without Children

If the decedent leaves a spouse but no children:

• If the decedent’s parents are alive, the spouse inherits $40,000 + half of the balance, and the parents inherit the rest.
• If no parents survive, the spouse inherits the entire estate.

3. Unmarried With Children

The children inherit the entire estate, divided equally. If a child has died but has surviving children (the decedent’s grandchildren), they inherit their parent’s share.

4. No Spouse and No Children

Maryland law distributes the estate to relatives in the following order:

1. Parents

2. Siblings

3. Nieces and nephews

4. Extended family (grandparents, aunts, uncles, cousins)

If absolutely no family members can be found, the estate eventually “escheats,” meaning it passes to the State of Maryland—but this is extremely rare.

Why Dying Without a Will Can Create Problems

Maryland’s intestacy laws are designed to be fair, but they may not align with what the decedent would have wanted. Common issues include:

• Unequal shares among children even if circumstances differ
• Unintended disinheritance, such as long-term partners or stepchildren receiving nothing
• Family disputes over who should serve as personal representative
• Real estate complications, such as multiple siblings inheriting the same house
• Longer, more expensive probate administration

Without written instructions, the court must follow the statute—even if family members agree the decedent would have chosen differently.

How a Maryland Probate Attorney Can Help

Here is what happens if someone dies without a will in Maryland, an experienced Maryland probate lawyer can guide the family through:

• Opening the estate
• Appointing the correct personal representative
• Handling creditors’ claims
• Filing the inventory and accounting
• Explaining the intestacy distribution rules
• Managing disputes among heirs
• Navigating real estate sales or transfers

Probate is already stressful during a time of grief; having legal guidance makes the process more predictable and less overwhelming.

Final Thoughts

In conclusion what happens if someone dies without a will in Maryland? State law, not personal wishes, determines who inherits. The probate process still occurs, and the estate must be administered carefully to ensure compliance with Maryland’s intestacy rules. While these laws provide structure, they can also create confusion and unintended outcomes.

If you are handling the estate of a loved one who passed without a will, or if you want to create a plan that avoids these issues for your own family, speaking with our knowledgeable Maryland estate planning and probate attorney can be invaluable. You can also watch our videos on estate planning on our YouTube channel!