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Disclaimer: This is general information and not legal advice. For advice specific to your situation, consult a licensed Maryland attorney or your local Register of Wills.

Overview of intestate succession in Maryland

When someone dies without a valid will (called dying intestate) in Maryland, the state’s descent and distribution rules decide who inherits. Those rules are found in the Maryland Estates & Trusts Article, Title 3 (Descent and Distribution). See the law here: Md. Code, Est. & Trusts, Title 3. The basic process is:

1. Identify the legal heirs under Maryland law (spouse, children, parents, siblings, etc.).
2. Open probate (or use a small-estate procedure if eligible) so someone is authorized to collect assets and distribute them.
3. Pay valid debts and taxes of the decedent.
4. Distribute remaining assets to heirs according to Maryland’s intestacy rules.

Who inherits when a parent dies without a will?

Under Maryland law, children (including legally adopted children) are first-line heirs of a parent who dies intestate. If the decedent left a surviving spouse, the distribution may be split between spouse and children depending on the family makeup. Relevant statutory language is in the same Title 3 (Descent and Distribution): see, for example, Md. Code, Est. & Trusts ”>Section 3-103 and surrounding sections for specific scenarios.

Step-by-step: How to claim your share

1. Confirm intestacy. Verify there is no valid will. Check with the Register of Wills in the county where your mother lived. Many families are surprised when a will turns up among papers or was filed with the Register of Wills.
2. Collect documentation. Get several certified copies of the death certificate. Gather proof of your relationship to the decedent (birth certificate, adoption decree), your ID, and any documents showing assets (bank statements, deeds, account numbers, titles).
3. Locate and secure assets. Identify bank accounts, real estate, retirement accounts, life insurance, and personal property. Some assets (e.g., jointly held property with right of survivorship, assets with designated beneficiaries) pass outside probate. Accounts with beneficiaries (payable-on-death, transfer-on-death) also bypass probate.
4. Determine whether probate is necessary. Small estates may be handled without full probate. The Maryland courts explain probate and non-probate options: Maryland Courts . If probate is required, someone (usually an heir) files a petition to be appointed personal representative (administrator) with the Register of Wills in the county where the decedent lived.
5. File to be appointed personal representative (administrator). The Register of Wills accepts petitions to open an estate and appoint a personal representative or Administrator. The appointed person obtains letters of administration that authorize collecting assets, paying bills, and distributing the estate.
6. Inventory assets and notify creditors. The personal representative inventories estate assets and follows Maryland procedure for creditor notices. Valid debts and expenses (funeral, medical, taxes) generally must be paid before distribution.
7. Calculate each heir’s share under Maryland law. After debts and expenses, the administrator distributes remaining property to heirs according to the intestacy statutes. If you are a child of the decedent, you will generally share in the estate; how much depends on whether a spouse or other heirs survive.
8. Accept or dispute distributions. If you receive a proposed distribution you believe is incorrect, you can ask the personal representative for an accounting, request clarification of the distribution calculations, or file a petition in the appropriate court contesting the administration. Because probate timing and rules can be technical, consider consulting a Maryland probate attorney if distribution is contested.

Where to file and who to contact

Probate and administration are handled at the county level through the Register of Wills and the Orphans’ Court (or the Circuit Court where appropriate). For general probate help and local contact information, use the Maryland Judiciary probate pages: https://www.mdcourts.gov/probate. The Register of Wills office in the county where your mother resided can explain forms, fees, and local practice.

Common issues and how to handle them

• If you suspect additional assets exist, search safe-deposit boxes, mail, digital accounts, and contact banks or employers. The personal representative must locate and collect assets.
• If someone is acting as administrator but you think they are not following the law (not accounting, hiding assets, or unfairly withholding distributions), you may request an accounting or file a petition in court to remove or replace the administrator.
• If heirs are uncertain about paternity, adoption, or legitimacy issues, proof may be required before inheritance rights are recognized.
• Beneficiary-designated assets and jointly-held property often pass outside probate; confirm titles and beneficiary designations early.

Helpful resources

• Maryland Estates & Trusts statutes (Descent and Distribution): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est&section=3-101
• Maryland Courts probate information and forms: https://www.mdcourts.gov/probate
• County Register of Wills contact (use Maryland Courts site to find your county office)

Helpful hints

• Get multiple certified death certificates early; many institutions require originals.
• Preserve evidence of your relationship to the decedent (birth certificates, adoption records) so you can be recognized as an heir.
• Ask the Register of Wills about small-estate procedures before starting full probate; it can save time and cost.
• Keep careful records of communications, account statements, and any reimbursements you request from the estate.
• If there is family conflict or complicated assets (business interests, multi-state property), consult a Maryland probate attorney to protect your rights.

Final note: This article explains general steps under Maryland law for intestate succession and estate administration. It does not cover every special situation (e.g., blended families, adopted children, debts vs. exempt property, federal estate tax issues). For legal advice tailored to your circumstances, contact a licensed Maryland attorney or the Register of Wills in the county where the decedent lived.