Detailed Answer

When a person dies without a will (intestate) in Maryland and leaves behind a minor heir, the law provides several mechanisms to safeguard that child’s inheritance until they reach an age where they can manage assets on their own.

1. Open an Intestate Estate in Orphans’ Court

A party—often a parent or other close relative—must petition the local Orphans’ Court to open probate and appoint an administrator. Under Maryland’s Estates & Trusts § 3-107, if the decedent leaves no surviving spouse but has children, those children inherit equally.

2. Appointment and Bond of a Personal Representative

The Orphans’ Court names an administrator (personal representative) to collect assets, pay debts, and distribute the estate. Maryland law generally requires the administrator to post a fiduciary bond to protect heirs. See Estates & Trusts § 7-201 for bond requirements and possible waivers.

3. Safeguard the Minor’s Share Through Custodianship

Maryland offers two main options to hold a minor’s inheritance:

• Uniform Transfers to Minors Act (UTMA): Under Estates & Trusts § 13-101 et seq., property passes to a designated custodian who manages it for the child’s benefit. The custodian can use funds for the minor’s health, education, support, or maintenance without further court approval.
• Guardianship of Property: If UTMA is unsuitable, a party can petition the court under the guardianship provisions in Estates & Trusts Title 13, Subtitle 5. The guardian must report annually and may need court permission for major expenditures.

4. Timing of Distribution

With UTMA, the custodian must transfer remaining assets to the former minor at age 21, though § 13-207 allows earlier access at 18 if funds are needed for higher education or health care. Under guardianship, the court sets the termination date, often at age 18 or 21.

5. Court Oversight for Extraordinary Expenses

If the custodian or guardian needs to use substantial funds beyond ordinary support—such as purchasing a car or paying for specialized medical treatment—they should seek court approval under Estates & Trusts § 13-206.

Helpful Hints

• Open probate promptly to avoid delays in protecting the minor’s share.
• Compare UTMA and guardianship costs, reporting requirements, and age of termination.
• Keep detailed records of all receipts, distributions, and court filings.
• Ask the court to waive or reduce the administrator’s bond if the estate is small.
• Consult an attorney early to ensure compliance with Maryland procedural rules and deadlines.