At Frame & Frame Attorneys at Law, we’ve helped Maryland families navigate some of life’s most difficult transitions. One of the most common and often overlooked issues we see is what happens when someone dies without a valid will in place. This situation is legally referred to as “intestate succession.”
In Maryland, dying intestate doesn’t mean your assets simply disappear or end up in government hands. However, it does mean you lose the opportunity to control who inherits your estate, how assets are distributed, and who is responsible for managing the process. Instead, the state steps in and distributes your property according to a fixed legal formula—one that might not reflect your wishes.
If you’re wondering what happens to your house, your bank accounts, or even your treasured family heirlooms when no will exists, keep reading. This guide covers everything Maryland residents need to know about intestate succession and how to avoid leaving your loved ones in a difficult position.
What Is Intestate Succession?
Intestate succession refers to the legal process used to distribute a person’s property when they die without a valid will. In Maryland, these rules are set out in the Maryland Estates and Trusts Code, which determines who inherits and in what proportions.
This process doesn’t involve guesswork or interpretation. The court doesn’t consider the emotional ties between you and a friend who helped you through hard times, or a niece you always meant to include. Instead, Maryland law relies solely on blood relationships and legal family connections to divide your estate.
Key Assets Affected by Intestate Succession
It’s important to know that not all assets go through intestate succession. Some assets transfer automatically to beneficiaries or joint owners. These non-probate assets include:
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Life insurance policies with named beneficiaries
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Retirement accounts (IRAs, 401(k)s) with designated beneficiaries
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Payable-on-death (POD) bank accounts
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Real estate held in joint tenancy or tenancy by the entirety
However, everything else, including individually owned bank accounts, real estate titled solely in your name, and personal property, will be subject to intestate succession if you die without a will.
Who Inherits Under Maryland’s Intestacy Laws?
Maryland’s intestacy statute divides assets based on a clear hierarchy of relatives. Here’s a breakdown of who inherits if you die intestate, depending on your family situation:
1. Married, with no children or parents
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Your surviving spouse inherits everything.
2. Married, with children (all shared with the spouse)
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Spouse receives the first $40,000 of your estate, plus one-half of the remaining balance.
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Your children share the other half equally.
3. Married, with children from another relationship
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Spouse receives one-half of your estate.
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Your children from all relationships share the other half equally.
4. Married, no children, but with living parents
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Spouse receives the first $40,000 plus half of the remaining estate.
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Parents receive the other half.
5. Unmarried, with children
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Children inherit everything, divided equally.
6. Unmarried, no children
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If parents are alive, they inherit everything.
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If no parents, then siblings.
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If no siblings, then more distant relatives, such as nieces, nephews, aunts, uncles, or cousins.
7. No surviving relatives
If no legally recognized heirs can be located, your estate may eventually escheat to the State of Maryland, meaning the government takes ownership.
What About Children Born Outside of Marriage?
In Maryland, children born outside of marriage are legally entitled to inherit from both parents if paternity is established. This can be done through:
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A court order
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A written acknowledgment of paternity
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Genetic testing
If there’s any doubt or lack of documentation, children may face delays or denials in their inheritance rights under intestate law. A properly drafted will or trust avoids this uncertainty entirely.
The Role of the Personal Representative
When someone dies without a will in Maryland, the court appoints a personal representative (also known as an executor or administrator) to manage the estate. This person is responsible for:
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Collecting assets
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Distributing property according to Maryland law
Without a will, you lose the opportunity to choose this person, which can result in a family member being appointed who may not be your preferred choice. Worse, it can lead to family disputes over who should serve in the role.
Why Intestate Succession Can Create Problems
While Maryland’s intestate laws aim to be fair, they often don’t reflect the complexity of modern families or your wishes. Common issues include:
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Unintended disinheritance: If you’re unmarried but have a long-term partner, that person is not entitled to anything under Maryland law.
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Blended families: Stepchildren do not inherit unless legally adopted. Biological children from previous relationships may receive more or less than intended.
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Minor children: If children inherit under intestate law, the court may appoint a guardian to manage their inheritance until they reach 18, often an expensive and court-supervised process.
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Family conflict: Without a clear will, relatives may dispute who should serve as personal representative or challenge distributions.
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Delays and expenses: Probate is often longer and more expensive without a will, causing added stress during an already difficult time.
Can Intestate Heirs Decline Their Inheritance?
Yes, heirs under Maryland intestate law have the right to disclaim (refuse) their inheritance. This is sometimes done for tax reasons or to pass assets directly to the next generation. However, the process must be handled correctly and within specific time limits to be effective.
How to Avoid Intestate Succession in Maryland
Avoiding intestate succession is easier than many people think—and it starts with a basic estate plan. At Frame & Frame, we recommend that every Maryland adult have at least the following documents in place:
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Last Will and Testament: Specifies who inherits your assets, appoints a guardian for minor children, and names your personal representative.
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Durable Power of Attorney: Designates someone to manage your financial affairs if you become incapacitated.
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Advance Healthcare Directive: Names a healthcare proxy and outlines your medical wishes.
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Revocable Living Trust (optional): Helps avoid probate and offers additional control over how and when assets are distributed.
If your goal is to ensure a smooth transfer of assets and reduce the risk of family disputes, a properly drafted will is the most essential first step.
Common Questions About Maryland Intestate Succession
Is a handwritten will valid in Maryland?
Yes, handwritten wills (holographic wills) are valid in Maryland if they meet specific legal requirements, including being signed and witnessed by two people. However, improperly drafted or unsigned wills may be disregarded entirely, leading to intestate succession.
Do stepchildren inherit under Maryland law?
No. Stepchildren are not considered legal heirs unless adopted. Without a will, they will not receive any part of your estate.
Can a surviving spouse be disinherited?
In most cases, no. Maryland law provides a “spousal election” allowing the surviving spouse to claim a portion of the estate, even if intentionally excluded in a will.
Don’t Leave Your Legacy to Chance
At Frame & Frame Attorneys at Law, we’ve been guiding Maryland families through estate planning and probate matters for over 70 years. We understand how complex family dynamics can be, and how heartbreaking it is when a loved one’s intentions are lost to the rigid formulas of intestate law.
If you haven’t created an estate plan yet, now is the time to take control of your legacy. Whether you need a simple will or a more comprehensive trust-based plan, our experienced attorneys will walk you through the process with care and clarity.
Schedule Your Estate Planning Consultation
Don’t let Maryland law make decisions that should be yours. Contact Frame & Frame today to schedule a confidential estate planning consultation. Our estate planning attorneys will help you protect your family, preserve your assets, and gain peace of mind on your terms. Call us today or schedule your initial consultation to get started.