Detailed Answer: What rights does a surviving spouse have in Maryland when the decedent died without a will?

Short answer: Under Maryland law, a surviving spouse has priority for control of the deceased spouse’s estate and for decisions about disposition of the body, a strong right to be appointed the personal representative (administrator) in an intestacy, and a statutory right to inherit the deceased spouse’s property under intestate succession. If family members are excluding you from decisions, you have legal steps you can take immediately to protect your rights.

How Maryland handles estates when there is no will (intestacy)

When someone dies without a valid will, Maryland’s probate system follows statutory intestacy rules to decide who inherits and who manages the estate. The Register of Wills and the Orphans’ Court supervise appointment of a personal representative (often called an administrator) to collect assets, pay debts, and distribute property according to state law.

Key points:

• The surviving spouse is generally first in line to inherit under Maryland’s intestacy rules and is given priority to serve as the estate’s personal representative. (For general probate information and local Register of Wills offices, see the Maryland Courts Register of Wills: https://www.mdcourts.gov/register.)
• Assets that pass outside probate (joint accounts with rights of survivorship, assets with named beneficiaries like IRAs and life insurance) transfer according to their contract or account rules, not by intestacy.
• Probate matters (appointment of an administrator, inventories, creditor notices, and distribution) are handled through the Register of Wills and the Orphans’ Court in the county where the decedent lived.

Immediate rights and actions when family members exclude you

If the decedent’s family is cutting you out of decisions, take these steps quickly:

1. Contact the Register of Wills in the county where your spouse lived and ask how to open an intestate estate. That office can tell you how to file a petition to be appointed administrator and explain the forms and fees. (Register of Wills – Maryland Courts.)
2. If family members are controlling funeral arrangements and you want a say, know that next-of-kin and the surviving spouse are typically given priority for disposition decisions. Ask the funeral director to document who is claiming authority and to notify the Register of Wills if necessary.
3. If others refuse to provide access to bank accounts, property, or important documents, file for appointment as administrator and request issuance of letters of administration. Once appointed, the administrator has formal authority to access estate assets.
4. If you are being physically prevented from accessing property or personal effects, consider contacting local law enforcement to report interference with your rights and consult an attorney about emergency relief.

Probate appointment: being named administrator (intestate administration)

Under Maryland probate practice, someone (often the surviving spouse) petitions the Register of Wills to open an estate. The court issues letters of administration to the person appointed. As administrator you can:

• Collect estate assets and secure property.
• Receive notices from financial institutions and creditors.
• Pay valid debts and taxes from estate funds.
• Provide required inventories and make distributions according to intestacy law.

What the surviving spouse may inherit

Maryland’s intestacy law sets how the estate is divided among heirs. In many situations the surviving spouse receives either the entire intestate estate or a significant portion of it; the specific share depends on whether the decedent left surviving descendants and whether those descendants are also the children of the surviving spouse. To see Maryland’s official statutory language and precise rules, consult the Maryland Code and the Register of Wills:

https://www.mdcourts.gov/register

Related issues: access to information, bank accounts, and health records

Access to the decedent’s financial account records and health information often requires proof of legal authority. Once you are appointed administrator (or in some situations as surviving spouse), institutions will typically provide records. For medical records, HIPAA and state law create rules about access to a deceased person’s health information—ask the medical provider what is needed (often a certified death certificate and documentation of authority).

When family members act improperly

If family members are withholding estate assets, converting property, or otherwise interfering with administration, you can:

• File a petition in Orphans’ Court asking the court to appoint an administrator or to remove a wrongly acting administrator.
• Request an accounting of estate assets and actions taken.
• Ask the court for injunctive relief if there is an immediate risk of loss or dissipation of estate property.

How to proceed: practical first steps

1. Gather any marriage certificate, the decedent’s identification, account statements, insurance policies, titles, and any documents you can find.
2. Contact the Register of Wills in the county where your spouse lived to start probate (intestate) paperwork: https://www.mdcourts.gov/register.
3. If you encounter urgent obstruction (funeral, access to the home, threats), contact local police and consider asking a court for emergency relief through the Register of Wills or Orphans’ Court.
4. Consider speaking with a Maryland probate attorney for help filing petitions, obtaining letters of administration, and protecting your rights while the estate is administered.

Statutes and official resources

Maryland statutes govern intestate succession and probate procedures. For official rules and statute text, see the Maryland Code and Maryland Courts resources:

• Maryland Courts — Register of Wills and probate information: https://www.mdcourts.gov/register
• Maryland General Assembly — Maryland Code (searchable statutes): https://mgaleg.maryland.gov/mgawebsite/ (use the site to locate the Estates & Trusts Article).

How long will this take?

Timing depends on complexity. Simple small estates may be resolved quickly; larger estates with multiple heirs, real property, or creditor claims can take many months or longer. Opening probate and getting temporary authority to protect assets is often possible within days or weeks if you move quickly.

Disclaimer

This article explains general Maryland probate and intestacy concepts only. It does not constitute legal advice. Laws change and every situation differs—contact the Register of Wills or a qualified Maryland probate attorney to discuss your specific situation and next steps.

Helpful Hints

• Act quickly: securing letters of administration gives you formal authority to protect assets.
• Document everything: keep written records of who said or did what and when, and preserve copies of all documents you find.
• If excluded from funeral decisions, ask the funeral director to document competing claims and notify the Register of Wills if needed.
• Keep separate records of estate expenses you pay; administrators can be reimbursed from estate funds when properly documented.
• When possible, try to resolve family disputes through mediation to avoid long, costly court fights—but be prepared to file petitions if mediation fails.
• Use the Maryland Courts Register of Wills website to find local forms, contact information, and guidance: https://www.mdcourts.gov/register.