What Happens if You Die Without a Will in Maryland?
Maryland's intestate succession law provides guidance on who inherits an estate when there's no will, based on marital status and surviving relatives. Here's the rundown. Maryland also substantially reformed this law in 2023, so what your family goes through may look different than it did a few years ago.
If You are Married with Children
- If you have no surviving minor child, and all of your children are also your spouse's children, your spouse inherits everything.
- If you have a surviving minor child, your spouse's share drops to 1/2 of your estate. Your children inherit the rest.
- If you have adult children who are not your spouse's, your spouse inherits the first $100,000 of your estate, plus 1/2 of the balance. Your children split the rest.
If You are Married Without Children
Your spouse inherits your entire estate, even if your parents are still living. This is a Maryland-specific rule. Many other states still give parents a share in this situation.
If You Don't Have a Spouse, but Have Children
Your children inherit all assets and split them equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither of your parents are living, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Maryland, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in Maryland
- Stepchildren don't inherit under Maryland's intestate succession statute.
- Maryland is unusual in levying both a state estate tax on larger estates and a separate 10% inheritance tax on assets passing to non-lineal heirs.
- A handwritten document with no witnesses generally isn't recognized as a valid Maryland will, so it typically can't override these intestacy rules.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Maryland, your estate may still avoid regular probate if it's valued at $50,000 or less ($100,000 or less if your spouse is the sole heir), using small estate administration. Larger estates go through the Orphans' Court and Register of Wills.
To learn more about probate in Maryland, take a look at this in-depth article.
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