Many people think they only need a will if they own a large home or have substantial savings. Others assume their spouse or children will automatically receive everything when they die.
However, Maryland law may divide your property differently than you expect. A will allows you to make important decisions about your belongings and your family’s future.
What happens if you die without a will?
Maryland does not require you to have a will. However, if you die without one, state law decides who inherits your property. This process follows rules known as intestate succession.
Under Maryland’s inheritance laws, your family members may receive different shares depending on who survives you. For example:
- If you leave a spouse and no children, your spouse generally inherits everything in your probate estate.
- If you leave a spouse and minor children, your spouse receives half while your children share the other half.
- If you have adult children from another relationship, your spouse generally receives the first $100,000 plus half the remaining estate.
These rules also recognize registered domestic partners. However, the law does not consider your personal wishes. Someone you wanted to support may receive nothing if they do not qualify as a legal heir.
What can a will do for your family?
A will gives you more control over what happens after your death. You can decide who receives your property rather than relying on state inheritance rules. A valid will also allows you to:
- Choose someone to manage your estate
- Name guardians for your minor children
- Leave specific belongings to loved ones
- Give money or property to charities
- Create trusts for certain beneficiaries
However, a will does not control every asset. Jointly owned property with survivorship rights and accounts with named beneficiaries may pass directly to someone else.
Maryland also has legal requirements for a valid will. Generally, you must sign a written will in the presence of two credible witnesses who also sign it.
How can you protect your wishes?
Even if you own few assets, a will can help your family understand your wishes. It also gives you a chance to plan for future changes.
An estate planning attorney can explain your options and help you prepare a valid will. Legal guidance may also help you avoid mistakes that could cause disputes among your loved ones.