Detailed Answer
When someone dies without a valid will in Maryland (intestate), the state’s intestacy laws determine who inherits. If the decedent leaves no surviving spouse but does leave two living children, those children inherit the entire probate estate equally.
Under Md. Code Ann., Est. & Trusts § 3-104, the estate passes in equal shares to the decedent’s children. With two children, each child receives 50% of the probate assets after debts and expenses are paid. If one child had predeceased but left children of their own, that child’s share would pass to their descendants per stirpes (by representation).
Key probate steps:
- Appoint a personal representative (administrator) through the Orphans’ Court in the county where the decedent lived.
- Gather and value all assets, pay valid debts and funeral expenses.
- Distribute the remaining assets equally to the two children.
For small estates (generally under $50,000 in personal property and no real estate), Maryland provides a streamlined summary administration procedure. See Md. Code Ann., Est. & Trusts § 7-201 for small estate affidavits.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- Obtain multiple certified copies of the death certificate early.
- Compile a list of all probate assets and liabilities before filing.
- Verify the identities and contact information of both children to avoid distribution delays.
- Consider whether the estate qualifies for summary administration to simplify the process.
- Keep detailed records of all distributions and court filings to ensure transparency.