Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When someone dies without a valid will (intestate) in Maryland, the state’s probate code determines who inherits. Maryland’s intestacy rules appear in the Estates & Trusts Article of the Maryland Code. Key steps to identify intestate heirs are:
1. Confirm Intestacy
First, verify that your father left no valid will. Check personal papers, safe-deposit boxes and consult family members. If no will exists, intestacy rules apply.
2. Identify Surviving Spouse and Children
- If your father was married and had no surviving children or descendants of children, the entire estate passes to the surviving spouse. (Md. Code, Est. & Trusts §3-102: mgaleg.maryland.gov/ET/3-102)
- If he had both a spouse and children, the estate divides: a portion to the spouse, the remainder among children or their descendants. (Md. Code, Est. & Trusts §3-102(b): mgaleg.maryland.gov/ET/3-102)
3. No Spouse or Descendants
If there’s no spouse or descendants, Maryland law next looks to parents. The entire estate goes to surviving parent(s). (Md. Code, Est. & Trusts §3-201: mgaleg.maryland.gov/ET/3-201).
4. Siblings and Their Descendants
Absent parents, the estate passes equally to siblings or to their descendants by representation. (Md. Code, Est. & Trusts §3-204: mgaleg.maryland.gov/ET/3-204).
5. More Remote Relatives and Escheat
If no siblings exist, the estate goes to grandparents, then to aunts and uncles, and so on. If no legal heirs can be located, the estate escheats to the State of Maryland. (Md. Code, Est. & Trusts §3-301).
6. Formal Probate Process
File a petition for administration with the Register of Wills in the county where your father lived. The court issues letters of administration to appoint a personal representative. That person collects assets, notifies heirs, and distributes property under intestacy rules.
Helpful Hints
- Gather key documents: birth certificates, marriage licenses, death certificate and any prior wills.
- Interview family members to confirm relationships and possible descendants.
- Use online genealogy tools or county vital records to trace heirs if needed.
- Consult the Register of Wills for local forms and instructions.
- Consider a small estate affidavit if the estate’s personal property (not including real estate) falls below the Maryland threshold (see Md. Code, Est. & Trusts §7-201).
- Keep detailed records of all notices, filings and distributions.
Understanding Maryland’s intestacy statutes helps you determine rightful heirs and navigate probate efficiently. When in doubt, seek professional legal advice.