What Happens If I Die Without a Will in Maryland

It’s easy to put off creating a will, especially when life is busy and the future feels far away. But if you pass away without one, Maryland law, not your family, decides who inherits your assets and who cares for your children.

At Holt Legacy Law, we help families avoid the uncertainty and stress that comes with dying “intestate” (without a will). Here’s what you should know.

Maryland’s Default Rules for Inheritance

When someone dies without a will, their property passes according to Maryland’s intestacy laws. The rules are strict and don’t consider personal relationships, blended families, or wishes expressed verbally.

A few examples:

  • Married with children: Your spouse and children share your estate.

  • Married with no children but living parents: Your spouse and parents share your estate.

  • Single with children: Everything goes to your children in equal shares.

  • No spouse, no children: Your estate may pass to distant relatives — or to the state if no heirs are found.

Why This Can Cause Problems

Even when the law is clear, intestacy can lead to:

  • Family disputes over sentimental items or fairness.

  • Delays and costs through the probate process.

  • Guardianship battles if you have minor children.

  • Distribution to unintended heirs (such as estranged relatives).

How a Will Protects Your Family

A will gives you the power to:

  • Decide exactly who inherits your property.

  • Name a guardian for your minor children.

  • Appoint someone you trust to handle your affairs.

  • Leave specific gifts or charitable donations.

Your will ensures your wishes — not state law — guide what happens next.

Take Control of Your Legacy

It’s never too early to plan, but it can become too late. Creating a will now is one of the simplest, most loving gifts you can give your family.

Schedule your free 30-minute consultation to create your will and ensure your loved ones are protected.

Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.

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Understanding Powers of Attorney

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Avoiding Probate in Maryland: What you Need to Know