Nobody likes to think about dying without a plan in place — but it happens more often than you'd expect. If you pass away without a valid will in Maryland, state law decides who inherits your property. This is called intestate succession, and the results often surprise people.
How Intestate Succession Works in Maryland
When there's no will, Maryland's intestacy laws determine who gets what based on your surviving family members — not on what you would have wanted. The general framework looks like this:
Spouse and children: If you're survived by a spouse and children, Maryland law splits your estate between them using a formula that depends on whether the children are also the surviving spouse's children.
Spouse, no children, surviving parents: Your spouse and your parents may both inherit a share.
No spouse: Your children inherit everything, divided equally. If you have no children, the estate passes to parents, then siblings, then more distant relatives, following a strict legal order.
No living relatives: If no eligible relatives can be found, your estate ultimately goes to the state.
Why This Often Surprises People
A few scenarios that catch people off guard:
Unmarried couples get nothing. If you're in a long-term relationship but never married, your partner has no automatic right to inherit under intestacy law — no matter how many years you were together.
Stepchildren are excluded. Unless legally adopted, stepchildren do not inherit under Maryland intestacy law.
A surviving spouse may not get everything. Many people assume "my spouse gets it all" — but if you have children, especially from a prior relationship, your spouse may only receive a portion of the estate.
The court appoints an administrator. Without a will naming an executor, the court appoints someone to administer your estate — which may not be the person you would have chosen.
No guardian is named for minor children. Perhaps most importantly, if you have minor children and no will, the court — not you — decides who raises them if both parents are gone.
Probate Still Happens — Just Without Your Input
A common misconception is that dying without a will avoids probate. It doesn't. Your estate still goes through the probate process; the only difference is that the outcome is dictated by statute rather than by your own wishes.
How to Avoid This
The fix is straightforward: a properly executed will (ideally paired with a trust and other planning documents) lets you decide who inherits, who administers your estate, and who cares for your children — instead of leaving those decisions to a default formula in state law.
Don't leave these decisions to chance. The Elliott Law Group can help you put a plan in place that reflects your actual wishes.
This article is for general informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.