What Happens If You Die Without a Will in Maryland?

Most people know they should have one, but what happens if you die without a Will? In Maryland, state law determines who receives your property and in what order. The process of determining heirs and distributing property from someone who died without a Will is called intestate succession. While Maryland’s intestacy laws provide a structured legal process, they often lead to financial and emotional hardship for surviving family members and may not reflect your personal wishes.

At Apol Law LLC, we help Maryland families take control of their futures through thoughtful, customized estate planning. Led by attorney Tasnima Apol, our Annapolis firm provides knowledgeable, clear, and reliable guidance in estate planning, probate, and family law. We help clients protect their loved ones, preserve dignity, and avoid confusion by preparing Wills, trusts, and other estate documents that accurately reflect their goals.

What Happens if You Die Without a Will?

When someone dies without a valid Will in Maryland, their loved ones must use the intestate succession process to distribute the deceased person’s (decedent’s) property. The probate court supervises the process, ensuring payment of debts and distribution of remaining property to heirs.

Intestacy laws provide a default legal plan for dividing property among close relatives. However, the law does not consider blended families, unmarried partners, or personal preferences. 

Who Inherits Under Maryland Intestacy Laws

Maryland’s intestacy laws distribute property to what the law considers a person’s closest relatives. These laws establish a priority order based on the decedent’s living relatives when they die.

Maryland intestacy laws prioritize surviving relatives as follows:

• Spouse, no children or parents—spouse inherits the entire estate;
• Spouse and minor children shared with the spouse— spouse inherits half of the estate, children share the rest;
• Children but no spouse—children inherit the estate equally;
• Spouse and children from different relationships—spouse inherits the first $100,000 plus half of the remainder of the estate, the decedent’s children divide the other half;
• Spouse and parents, but no children—spouse inherits the estate;
• Parents, but no spouse or children—parents inherit;
• Siblings but no spouse, children, or parents—siblings inherit; 
• Grandparents or descendants of grandparents but no spouse, children, parents, or siblings—grandparents, aunts, uncles, and cousins inherit; 
• Stepchildren but no surviving relatives through blood or marriage—stepchildren inherit; and
• No surviving relatives—the estate escheats, meaning it becomes the property of the State of Maryland.

Maryland law also clarifies that:

• Adopted children inherit as if they were biological children;
• Stepchildren do not inherit unless legally adopted or the decedent has no other surviving relatives;
• Registered domestic partners inherit like married partners, but other unmarried partners do not inherit; and
• Half-siblings have the same rights as full siblings.

These rules favor legally recognized relationships over personal bonds like cohabiting partners or close friends. Without a Will, individuals who are emotionally close but not legally related to the decedent may receive nothing.

Procedural Differences in Dying with a Will vs Dying Without a Will

Wills typically name a personal representative (executor) to carry out the decedent’s wishes. After the Will’s creator dies, the probate court confirms the Will’s validity and oversees property distribution.

When someone dies without a Will, the court appoints a personal representative—called an administrator—to manage the estate. The law prioritizes who should serve in the role, preferring spouses, children, and other close relatives.

Once appointed administrator, the representative must follow the inheritance order that Maryland law establishes, regardless of the decedent’s personal preferences. Dying without a Will often means your loved ones have less control, and the probate process takes longer and requires more court oversight.

Effects of Dying Without a Will in Maryland

A loved one dying without a Will in Maryland can cause practical and emotional challenges. Intestacy laws do not account for personal relationships or financial circumstances. As a result, after you die, loved ones may experience:

• Unintended beneficiaries—such as distant relatives inheriting property instead of close friends or partners;
• Family conflict—especially when relatives disagree about how to divide property; and
• Loss of control—because the law, not the individual, decides who inherits.

Creating a Will helps prevent these issues and provides benefits such as:

• Deciding who inherits your property,
• Naming guardians to care for minor children,
• Appointing a personal representative, and
• Simplifying probate.

A clear, well-drafted Will ensures you can distribute your property as you wish and helps your loved ones avoid confusion and unnecessary stress.

What Happens to Non-Probate and Digital Assets

Not all property requires court involvement to transfer after someone dies. Non-probate assets transfer automatically to another person when someone dies. Examples include:

• Jointly owned real estate with a right of survivorship;
• Life insurance policies with designated beneficiaries;
• Retirement accounts, like 401(k)s and IRAs, with named beneficiaries; and
• Payable-on-death (POD) or transfer-on-death (TOD) accounts that transfer funds directly to a named individual.

If you die without a Will, beneficiary designations for non-probate assets typically take priority over intestacy laws, meaning they transfer as instructed, regardless of whether the decedent left a Will. 

Digital assets add another layer of legal and technical complexity. These assets may include, for example:

• Email and social media accounts,
• Online banking or investment accounts,
• Cloud-stored documents or photographs, and
• Cryptocurrency wallets or digital payment platforms.

Without specific authorizations in estate documents, loved ones may have difficulty accessing these accounts. Maryland law allows estate representatives to manage digital accounts if the deceased provided clear written consent. Including digital asset instructions in your estate plan means your loved ones can efficiently manage your online accounts, files, and digital property.

How Apol Law, LLC Can Help

Planning ahead is one of the most caring things you can do for your family. At Apol Law LLC, we help Maryland families find peace of mind with estate plans that accurately reflect their wishes. Our firm, led by Attorney Tasnima Apol, provides compassionate, transparent, and personalized legal guidance in estate planning, probate, and family law. Our commitment to service reflects our belief that every family deserves dignity, understanding, and a sense of control. 

Contact Apol Law LLC in Annapolis, Maryland, to schedule a consultation and take the first step toward protecting your assets, family, and future.