Detailed Answer

When a person dies without a will in Maryland, what happens to their bank accounts and real property depends primarily on how the asset is titled and whether it contains a beneficiary designation or survivorship interest. Maryland law treats three common ownership forms differently: joint tenancy (with right of survivorship), tenancy in common, and tenancy by the entirety (usually for married couples). Certain bank designations (for example, “payable-on-death”) also pass outside probate.

1) Assets titled with a right of survivorship

If an account or piece of real property is titled in joint tenancy with right of survivorship, or otherwise contains an express survivorship right, the surviving joint owner automatically becomes the sole owner when the co-owner dies. That transfer occurs outside of probate and is effective immediately on the decedent’s death. The asset does not become part of the decedent’s probate estate and generally does not get distributed according to intestacy rules.

2) Tenancy by the entirety (married couples)

Maryland recognizes tenancy by the entirety for married couples for certain property types. Property held as tenancy by the entirety passes automatically to the surviving spouse on death, outside probate. Creditors of one spouse typically cannot force sale of tenancy-by-entirety property for the individual spouse’s debts.

3) Tenants in common and individually titled assets

If the decedent owned property as a tenant in common (each owner has a divisible share) or owned an account/property in their sole name, the decedent’s share becomes part of the probate estate. Because there is no will, Maryland’s intestate succession rules determine who inherits. Maryland’s intestacy provisions set out who receives the estate (for example, surviving spouse, children, parents, siblings, etc.). For the governing statutory framework, see Maryland’s Estates & Trusts laws on intestacy (Estates & Trusts Article, Title 3) and general probate information from the Maryland Courts (Maryland Courts – Probate).

4) Bank accounts and beneficiary designations

Mention of a joint account on bank paperwork does not always mean the account has a survivorship right. Banks may treat joint accounts differently depending on the account agreement and state law. Accounts with beneficiary designations such as “payable-on-death” (POD) pass directly to the named beneficiary without probate. If no beneficiary or survivorship exists and the account is solely in the decedent’s name, the bank will usually freeze the funds and require probate documentation (or a small-estate process when available) before releasing money.

5) Practical consequences and examples

Example 1 — Joint tenancy bank account: Mary and John hold a bank account as joint tenants with right of survivorship. John dies. The surviving Mary becomes sole owner of the bank account immediately; the account does not go through probate.

Example 2 — Tenants in common real property: Alice and Bob own a house as tenants in common (50/50). Bob dies intestate. Bob’s 50% share becomes part of his probate estate and passes according to Maryland’s intestate succession rules to his heirs.

Example 3 — Solely titled account with no beneficiary: Tom has a bank account solely in his name and no beneficiaries named. When Tom dies intestate, the bank will likely require the personal representative appointed by the probate court to handle distribution under Maryland intestacy law.

6) How Maryland’s intestate succession works (overview)

When assets must pass by intestacy, Maryland’s Estates & Trusts statutes determine the order of heirs (surviving spouse, descendants, parents, siblings, etc.). The exact share depends on who survives the decedent (for instance, whether there are surviving children). You can read the statutory text and details at the Maryland General Assembly laws site: Estates & Trusts – Descent and Distribution. For step-by-step probate procedures, see Maryland Courts: https://www.mdcourts.gov/probate.

7) Small estate procedures and alternatives to probate

Maryland provides limited procedures to transfer small estates or non-probate assets without formal probate in certain circumstances. The exact requirements and thresholds can change, so consult the Maryland Courts website or an attorney to see if a small-estate affidavit or summary procedure applies.

8) Key takeaways

• Title controls: survivorship language on the title typically controls whether an asset avoids probate.
• Joint ownership usually avoids probate only when the survivorship right is present.
• Individually owned assets and tenants-in-common shares pass through probate and are distributed under Maryland’s intestate succession statutes.
• Bank practices vary; banks will require a death certificate and may require probate papers before releasing funds.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Maryland attorney.

Helpful Hints

• Check the account and deed wording. Look for phrases like “with right of survivorship,” “joint tenants with right of survivorship,” “tenancy by the entirety,” or “payable-on-death.” Those phrases are decisive.
• Gather documents: death certificate, title documents, account agreements, and statements. Banks and the court will ask for them.
• Contact the bank or institution early. Ask what paperwork they require to release funds (death certificate, affidavit, or probate letters).
• Do not assume every joint account will pass to the survivor—confirm the account’s legal status with the bank or an attorney.
• If property is solely titled or a tenant-in-common share exists, expect probate and consult Maryland Courts resources about intestacy procedures: https://www.mdcourts.gov/probate.
• Ask whether a small-estate procedure applies before filing a full probate—this can save time and expense.
• Consider getting legal help if heirs dispute ownership, if large assets are involved, or if creditor claims arise.