If you pass away without a will in Maryland, who will inherit your property? It’s a question that often goes unanswered—until it’s too late. At Frame & Frame Attorneys at Law, we believe that understanding the order of inheritance without a will in Maryland is crucial to ensuring your loved ones are taken care of. Without proper estate planning, state laws will determine who receives your property. This process, known as intestate succession, might not align with your wishes and could place unnecessary stress on your family.
Whether you’ve found yourself in a situation where a loved one has passed without a will, or you’re concerned about planning your estate to avoid these complications, here’s everything you need to know about intestate succession laws in Maryland.
Intestate Succession in Maryland
When someone dies without a valid will, Maryland laws specify how their assets will be distributed. This process follows a predetermined hierarchy designed to allocate property to the closest relatives. However, this one-size-fits-all approach often fails to account for unique family or financial dynamics.
Why Does Intestate Succession Matter?
If you don’t have a will, intestate laws take over, and you lose control of how your assets are distributed. A will allows you to make personalized decisions about who inherits your property, supports specific loved ones, or even designates charitable contributions. Without it? The courts will follow Maryland’s legal hierarchy, regardless of your personal preferences or family dynamics.
Here’s the real issue: intestate succession doesn’t recognize modern complexities like blended families, unmarried partners, or unique family obligations. This lack of flexibility means that unintended heirs—or worse, the state—could end up with your property.
Understanding the Hierarchy of Intestate Succession in Maryland
The Maryland intestate succession laws determine inheritance based on relationships, starting with immediate family and moving outward. Here’s an overview of the order of inheritance without a will in Maryland:
1. Surviving Spouse
A surviving spouse often has the strongest claim. Their share depends on whether the deceased left behind children or parents:
- If the deceased leaves children: The spouse receives half of the estate.
- If there are no children but surviving parents: The spouse also receives half, with the remaining half going to the parents.
However, if there’s no surviving spouse, the estate moves to the next tier.
2. Children and Descendants
Children are the next in line. This includes biological children and legally adopted children but does not include stepchildren unless they have been formally adopted. If the deceased has multiple children, they typically inherit in equal shares. If a child has predeceased, that child’s descendants (e.g., grandchildren) will inherit their share.
But what happens if the deceased had no spouse or children?
3. Parents
If no spouse or children survive the deceased, the parents claim the inheritance equally. If only one parent is living, they will inherit the entire estate. This stipulation, however, leaves many to wonder what happens to siblings or others.
4. Siblings
If there is no surviving spouse, children, or parents, the estate passes to the deceased’s siblings. This includes both full siblings and half-siblings, but they may inherit unequal shares depending on Maryland law.
5. Extended Relatives
When no immediate family members are found, the estate moves to extended relatives, such as nieces, nephews, cousins, or grandparents.
6. Escheat to the State
If no relatives can be located, the property will ultimately “escheat,” or be transferred, to the state of Maryland. While rare, this can happen if no rightful heirs are found.
Key Points to Consider About Intestate Succession
Stepchildren and Unmarried Partners Are Excluded
Maryland intestate succession laws only recognize legal and biological relationships. This means stepchildren, long-term unmarried partners, and other significant individuals in your life will not inherit—even if you had intended for them to.
Minor Children and Guardianships
If minor children are involved, the court also steps in to determine guardianship. Without a will naming a preferred guardian, this decision is left entirely up to the court, which may not prioritize someone you would have chosen.
Probate Complications
The intestate process requires the estate to go through probate, a legal proceeding overseen by the court. During probate, the court validates heirs, ensures debts are paid, and determines the proper division of assets. While necessary, this can result in delays, legal fees, and family disputes.
The Importance of Estate Planning
Relying on Maryland’s intestate succession laws is risky. While the laws provide a legal framework, they often fail to align with personal circumstances or wishes. Proper estate planning allows you to:
- Ensure Control: Specify exactly how your assets are distributed.
- Protect Loved Ones: Provide financial security to those who depend on you most.
- Avoid Confusion: Prevent family disagreements or disputes over inheritance.
- Cover Unique Needs: Leave provisions for unmarried partners, stepchildren, or charities.
Creating a will or trust is one of the most important steps you can take to protect the people you care about. At Frame & Frame, we’ve helped countless families secure peace of mind through thoughtful estate planning.
How We Can Help
One of the misconceptions about estate planning is that it’s only necessary for the wealthy. But the truth is, anyone with assets—even modest ones—can benefit from having a solid plan. At Frame & Frame Attorneys at Law, we specialize in customized estate planning solutions for Maryland residents. Whether you’re looking to draft a simple will, create a trust, or address digital assets, we’re here to help.
What Sets Frame & Frame Apart?
- Award-Winning Expertise: Recognized as one of Maryland’s top estate planning law firms.
- Personalized Service: We tailor every estate plan to your specific needs.
- Compassionate Guidance: Estate planning can be emotional, and we’re here to support you every step of the way.
- Commitment to Clarity: We simplify the legal jargon so that you fully understand your options.
Don’t Leave It to Chance—Plan Your Estate Today
If you’ve made it this far, you’ve already taken the first step toward understanding intestate succession. The next step is to take action. Create a will, establish a trust, and ensure your assets are distributed according to your wishes—not the state’s.
Contact Frame & Frame Attorneys at Law
At Frame & Frame Attorneys at Law, we make estate planning as simple and stress-free as possible. Schedule a consultation today, and together, we’ll design a plan that reflects your values, preserves your legacy, and protects your loved ones. Our team is here to answer any questions you have about wills, trusts, probate, or the order of inheritance without a will in Maryland. Contact our office today at 410-255-0373 to schedule a consultation and learn more about how we can help.