What Happens If You Die Without a Will in Maryland?

 Posted on December 19, 2024 in Estate Planning

Dying "intestate" is what it is called when someone passes away without a will. If you do not leave behind a will, Maryland’s intestacy laws will determine what will happen to your property. The intestacy process can be complicated, and it may not reflect your wishes for how your assets should be distributed.

When you do not have a will, the state uses a legal formula to decide who will get your property. This prioritizes your closest relatives, such as your spouse, children, parents, or siblings. The law does not consider special relationships, friendships, or charitable causes, even if your loved ones can demonstrate that these were very important to you. A qualified Maryland estate planning lawyer can explain more about how Maryland’s intestacy laws work.

General Breakdown of Maryland’s Intestacy Laws

Since people all have different family structures, there are several scenarios addressed by Maryland’s intestacy laws. Some include:

• If you have a spouse but no children or parents, your spouse inherits everything.

• If you have a spouse and minor children (under 18), your spouse gets half of your estate, and your minor children share the other half.

• If you have a spouse and adult children, your spouse gets the entire estate if the spouse is the parent of those adult children. If your spouse is not the parent of your adult children, your spouse will receive $100,000 plus half of the remainder of your estate, and your adult children will share the other half of the remainder.

• If you have a spouse and parents (but no children), your spouse will receive the entire estate, regardless of how long you have been married.

A domestic partnership is treated the same as a marriage by Maryland law for the purpose of inheritance, and therefore a registered domestic partner is treated as a spouse and can inherit your entire estate if you do not have minor children.

There are of course other scenarios that could describe your situation. An estate planning lawyer can review your family structure and advise you on how intestacy law might apply.

The Drawbacks of Intestacy

Intestacy laws try to distribute property fairly, but they do not take personal circumstances into account. For example, if you have been in a long, committed relationship with someone but are not married or registered as a domestic partnership, your significant other will not inherit anything under intestacy laws. Similarly, if you want to leave money to a close friend or a charity, that will not happen unless you have a will.

Another problem that arises when someone dies without leaving a will behind is that it can create stress and conflict among loved ones. Without clear instructions, family members might argue about how to divide your property or who should manage your affairs. A will can help prevent these disputes by making your wishes clear.

Additionally, if you die without a will in Maryland, you are also not appointing an executor to handle the distribution of your estate. When that happens, the court will choose someone to appoint as your "personal representative" to manage your estate. This person is responsible for paying your debts and distributing your property, and there is no way to ensure that the court will choose someone you would feel comfortable with unless you name a person in a will.

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

Dying without a will in Maryland can lead to uncertainty and unintended outcomes. While the state will make a serious attempt to divide your estate fairly and among your legal heirs, that might not serve your wishes. An experienced Silver Spring, MD estate planning lawyer can help you create a will that allows you to control what happens to your property, making things easier for your loved ones. Call The Eleff Law Group at 301-857-1990 to schedule a free consultation so we can review your estate and help you create a plan that prioritizes your wishes.