What Happens When No Valid Will Is Found in Maryland?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.

Detailed Answer

When a person dies without a valid will—also known as dying intestate—Maryland law establishes a default distribution scheme under the Maryland Estates & Trusts Code. These intestacy rules determine who inherits the decedent’s property and in what proportion. Key statutes include:

• Md. Estates & Trusts Code § 3-101 (definitions)
• Md. Estates & Trusts Code § 3-102 (distribution if surviving spouse only)
• Md. Estates & Trusts Code § 3-103 (spouse and descendants)
• Md. Estates & Trusts Code § 3-106 (descendants only)

Below is a summary of how Maryland distributes an intestate estate:

1. Surviving Spouse, No Descendants
   The spouse receives the entire estate. (§ 3-102)
2. Surviving Spouse and Descendants All of Whom Are Spouse’s Children
   The spouse receives the first $40,000 plus one-half of the remaining probate estate; the children share the other half equally. (§ 3-103(a))
3. Surviving Spouse and Descendants Not All Spouse’s Children
   The spouse receives the first $15,000 plus one-half of the remainder; the decedent’s other descendants share the remaining half. (§ 3-103(b))
4. No Spouse, but Descendants
   The entire estate passes to the decedent’s descendants by right of representation (per stirpes). (§ 3-106)
5. No Spouse or Descendants, but Surviving Parents
   The whole estate goes equally to the parents.
6. No Spouse, Descendants, or Parents, but Siblings
   Siblings (and descendants of predeceased siblings) share the estate per stirpes.
7. No Immediate Family
   The estate goes to more remote kin such as grandparents, aunts, uncles, and cousins. If no relatives exist, the estate escheats (reverts) to the State of Maryland.

Maryland also provides a family allowance and exempt property that a surviving spouse or minor children may claim before distributions. See Md. Estates & Trusts Code § 2-501 and related sections.

Helpful Hints

• Check for a small “handwritten” or holographic will. Maryland sometimes validates informal wills if requirements are met.
• Gather family records (marriage certificates, birth records) to prove heirship.
• File a formal “administration” in the Orphans’ Court in the decedent’s county.
• Consult an attorney if you anticipate disputes among heirs or if the estate is complex.
• Consider alternative dispute resolution: mediation can be faster and less expensive than litigation.