Short answer

Not always. In Maryland, dying without a will (intestate) does not automatically mean full probate administration is required. Whether you must open probate depends on the types of assets the decedent owned, how title or beneficiary designations are arranged, and the size of the estate. If important assets remain titled only in the decedent’s name (especially real estate), the Register of Wills will often require formal administration. If the estate qualifies as a small estate or all assets pass by beneficiary designation or joint ownership, you may avoid full probate.

Detailed answer — how Maryland law treats intestate (no-will) situations

Probate is the court-supervised process that settles a decedent’s affairs, pays creditors, and transfers remaining assets to heirs. Maryland’s probate and estate procedures are governed by the Estates and Trusts Article of the Maryland Code and administered through the Register of Wills for each county. For general statutory guidance, see the Maryland Code, Estates and Trusts Article: mgaleg.maryland.gov — Estates and Trusts. For practical court guidance, see the Maryland Courts probate pages: mdcourts.gov — Probate and the self-help probate overview: mdcourts.gov — Wills and Probate Self-Help.

When probate is likely required

• Real estate owned solely in the decedent’s name. Transferring title to real property usually requires probate or a formal transfer under court supervision.
• Significant bank or investment accounts held solely in the decedent’s name without payable-on-death or transfer-on-death designations.
• Business ownership, certain retirement accounts without named beneficiaries, or assets with complex title issues or disputes among heirs.
• If there are creditors or tax issues that must be resolved through a personal representative.

When probate might not be required

• Assets with beneficiary designations (life insurance, most retirement plans) that name a surviving beneficiary. Those assets typically transfer directly to the named beneficiary.
• Joint assets held with right of survivorship (joint tenancy or tenancy by the entirety) usually pass to the surviving owner without probate.
• Small estates: Maryland provides simplified procedures for certain small estates or allows collection of personal property by affidavit or other streamlined filings. Whether a particular estate qualifies depends on the types and value of assets and the applicable procedures in the county Register of Wills.

Intestate succession — who inherits when there is no will

If you do need probate and the decedent left no will, Maryland’s intestate succession rules determine who receives the estate. Those statutory rules establish the order of heirs (spouse, children, parents, siblings, etc.). For the controlling law, refer to the Estates and Trusts Article of the Maryland Code: mgaleg.maryland.gov — Estates and Trusts. The Register of Wills in the county where the decedent lived will apply those rules when appointing a personal representative and distributing assets.

How to start administration when there is no will

1. Locate the Register of Wills for the decedent’s county (Maryland Courts: mdcourts.gov — Probate).
2. Gather key documents: death certificate, account statements, deed to real property, insurance and retirement plan documents, and any title documents.
3. Talk with the Register of Wills about whether a full administration is necessary or whether a small-estate affidavit or simplified procedure will work.
4. If needed, file for appointment as personal representative (the court typically appoints an heir under intestacy). The Register of Wills will guide required forms and publication or creditor notice rules.

Timing, costs, and practical concerns

Probate timelines vary. Simple administrations can take several months. Complex estates, creditor disputes, or real estate sales can take a year or more. Costs include filing fees, personal representative commissions (statutory in many cases), attorney fees, and costs to resolve creditor claims. Some counties also require a bond or other security. The Register of Wills can give county-specific fee and form information: mdcourts.gov — Probate.

When to consult an attorney

Consider getting legal help if:

• There is real estate involved, contested heirs, unclear titles, or sizable assets.
• There are creditor or tax issues, a family dispute, or suspected hidden assets.
• You are unsure whether a small estate procedure applies or how to follow county-specific rules.

Even when probate is not strictly required, an attorney can help ensure assets pass correctly and minimize future disputes.

Disclaimer: This article explains general Maryland procedures and is not legal advice. Laws change and every situation differs. For specific legal guidance, contact a licensed Maryland attorney or the Register of Wills in the decedent’s county.

Helpful Hints

• Start by calling the Register of Wills in the county where the decedent lived — they can tell you whether probate is needed and which forms to use: mdcourts.gov — Probate.
• Check titles and beneficiary designations before assuming probate is required. Joint tenancy and beneficiary-designated accounts often avoid probate.
• Gather documents early: death certificate, deeds, bank statements, account agreements, beneficiary forms, and any correspondence about debts.
• Ask about small-estate or affidavit procedures — they can avoid full court administration for modest estates.
• If heirs disagree or complex assets exist (business, retirement accounts with competing beneficiaries, out-of-state property), consult a Maryland probate attorney promptly.
• Keep good records of decisions, distributions, and communications — the personal representative has fiduciary duties and will need to document actions taken on the estate’s behalf.