Dying without a will puts Maryland law in charge of your estate. The result may not reflect your wishes or protect the people you care about most.
How Maryland distributes your estate
When you die without a will, Maryland’s intestate succession laws determine who inherits your property. The court appoints a personal representative to manage your estate and oversee the distribution process.
Maryland Code Estates & Trusts § 3-102 sets out the exact order of priority. Your assets pass to relatives in this order:
- Spouse only, no children: Your spouse inherits the entire estate.
- Spouse and minor children: Your spouse receives half and your children share the other half.
- Spouse and adult children from another relationship: Your spouse receives the first $100,000 plus half the remaining balance and your children take the rest.
- No spouse or children: Your parents get everything equally.
- No spouse, children or parents: Your siblings inherit the estate.
- No heirs found: Your estate escheats to the state of Maryland.
Maryland law only recognizes legal and biological relationships. That fact matters more than it might seem.
Who gets left out
Intestate succession creates real gaps for modern families. Unmarried partners receive nothing regardless of the length of the relationship. Stepchildren are also excluded unless they were legally adopted. Friends and charities you intended to support have no legal claim under Maryland law.
Dying without a will also removes your ability to name a guardian for minor children. The court makes that decision on its own. It may not choose the person you would have selected.
What probate means for your family
Every intestate estate in Maryland must pass through probate. This court-supervised process validates heirs, settles debts and directs how assets are divided. Probate can take months and may generate legal costs that reduce what your family ultimately receives. Assets with named beneficiaries or joint ownership generally pass outside probate and are not affected by intestate law.
Speak with an estate planning attorney
These rules apply automatically if you die without a valid will. An attorney can help you understand how Maryland’s laws apply to your specific family and financial situation. Speaking with a lawyer may also clarify whether a will, trust or other planning tool better fits your goals.