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Detailed Answer

Under Maryland intestacy law, if a person dies without a valid will, a personal representative will identify, inventory, and distribute both real property and personal assets according to statutes in the Maryland Estates and Trusts Code.

Identification of Assets

The personal representative appointed by the Orphans’ Court locates and gathers the decedent’s assets. Real property includes land, homes, and commercial buildings. Personal assets include bank accounts, investments, vehicles, jewelry, and personal effects.

The representative reviews deeds, titles, financial statements, and the decedent’s records to identify holdings. They also publish a notice to creditors in a local newspaper to prompt claims against the estate under Estates and Trusts §7-401. More info at https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est26section=7-401

Inventory Process

Within 90 days after appointment, the representative must file an inventory of the estate with the Orphans’ Court, listing each asset and its fair market value. The inventory must include both real and personal property under Estates and Trusts §7-403. Creditors then have six months to file claims.

Inventory guidelines ensure transparency. The court may require appraisals for high-value assets.

Distribution under Intestacy

Maryland distributes assets according to the hierarchy in Estates and Trusts Title 3. Key provisions include:

• Section 3-102: If the decedent leaves a surviving spouse and descendants, the spouse receives the first $50,000 plus one half of the remaining estate. The descendants share the rest. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est26section=3-102
• Section 3-103: If no descendants, the spouse receives the entire estate. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est26section=3-103
• Section 3-104: If no spouse or descendants, assets go to parents or siblings. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est26section=3-104
• Sections 3-105 and following: The law continues to next-closest relatives up to the state for escheat.

Helpful Hints

• Gather deeds, titles, account statements, and financial documents early.
• Meet filing deadlines to avoid delays and penalties.
• Obtain professional appraisals for high-value assets.
• Publish required notices to creditors promptly.
• Consult an attorney if disputes arise among heirs.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice about your situation.