What Happens If You Die Without a Will? Understanding Intestate Succession in Maryland

What Happens If You Die Without a Will? Understanding Intestate Succession in Maryland

Jun 11, 2025 | Estate Planning

In today’s complex legal landscape, having a clear and comprehensive estate plan is one of the most meaningful gifts you can leave your loved ones. Yet, many people delay creating a will, either due to uncertainty, discomfort, or the assumption that it’s only necessary later in life. But what happens if you pass away without one?

Dying without a will, known as dying intestate, means that your estate will be distributed according to Maryland’s intestacy laws. Unfortunately, this process often does not reflect your personal wishes and can lead to unintended consequences, delays, and stress for your family. This guide outlines what happens under Maryland’s intestacy rules and why creating a will is a crucial step in protecting your legacy.

Understanding Intestate Succession

When a person dies without a will in Maryland, their estate is distributed by the state’s default legal formula. This formula, called intestate succession, is designed to distribute assets among surviving family members, but it does so without regard to your specific relationships, preferences, or the dynamics of your family.

Here’s how Maryland generally handles distribution:

  • Spouse and Children: If you leave behind both a spouse and minor children, your spouse receives half of your estate and the children share the other half. If your children are adults, the spouse may receive the first $40,000 and half of the remaining estate, with the rest divided among your children.

  • Spouse but No Children: If you have no children but surviving parents, your spouse will receive the first $40,000 and half of the remaining estate, and your parents receive the rest.

  • Children but No Spouse: The estate is divided equally among your children.

  • No Spouse, Children, or Parents: The estate goes to more distant relatives like siblings, nieces and nephews, or even cousins.

In all cases, the court will appoint a personal representative to manage your estate. If no family member steps forward or is eligible, the state may intervene.

Why Intestate Succession Can Be Problematic

While intestate succession laws are well-intentioned, they often fall short in addressing the nuances of modern families and personal priorities. Here’s why relying on them can be risky:

Loss of Control

Without a will, you lose the ability to decide who inherits your home, savings, or sentimental possessions. Loved ones who are important to you, like stepchildren, close friends, or charitable organizations, may receive nothing.

Unintended Heirs

Maryland’s laws don’t account for estrangement or personal conflict. A relative you haven’t spoken to in years could end up with a significant portion of your estate.

Delays and Expenses

The probate process without a will can be slower and more expensive. Without clear instructions, your estate may require additional court involvement and legal fees.

No Guardian for Minor Children

One of the most critical reasons to have a will is to name a guardian for your minor children. Without a will, the court will make that decision without your input.

How to Avoid Intestacy: Steps You Can Take

Taking proactive steps now can spare your loved ones unnecessary hardship and ensure that your wishes are honored.

Draft a Legally Valid Will

Work with an estate planning attorney to create a will that meets Maryland’s legal requirements. Your will should clearly outline your wishes for asset distribution, guardianship, and who will manage your estate.

Name a Personal Representative

Designate a trusted individual to administer your estate. This person, sometimes called an executor, will ensure your instructions are followed.

Update Your Plan Regularly

Life changes, marriages, divorces, births, and deaths, can all impact your estate plan. Review and revise your will every few years or after major life events.

Consider a Trust

In some cases, creating a revocable living trust can help your estate avoid probate altogether, offering privacy, efficiency, and greater control over asset distribution.

Final Thoughts

Estate planning isn’t just for the wealthy, it’s for anyone who wants a say in how their assets are managed and who wants to reduce the burden on their loved ones during an already difficult time. Dying without a will leaves your family with uncertainty and a one-size-fits-all solution that rarely fits well.

By creating a customized estate plan, you ensure that your legacy reflects your values, protects your family, and gives you peace of mind. If you’re ready to take that first step, or review an existing plan, we’re here to help. Contact us today to schedule a personalized consultation.