When Someone Dies Guide a practical guide for families

When there is no will in Maryland

Who inherits under the state's intestacy law, and what that means for the people left to sort things out.

Last updated May 11, 2026. Sources are linked at the bottom of the page.

No will does not mean no plan

When someone dies without a valid will, the state's intestacy law decides who inherits. It is a fixed formula based on who survived them: spouse, children, parents, siblings, and so on. The court still appoints someone to settle the estate; they just follow the statute instead of a will. Assets with a named beneficiary, joint accounts, and trust property are not affected by any of this.

Who inherits in Maryland

Surviving spouse's share depends on whether minor children survive and whether other descendants survive. Spouse and descendants share per statute; other heirs inherit if no spouse or descendants.

Governing statuteMD Code, Estates and Trusts §3-101 et seq.
Read the statutemgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=3-101&enactments=False

Two things families get wrong

The estate may still qualify as a small estate

Having no will does not rule out the simplified procedure. If the estate meets Maryland's small-estate limits, the shortcut is usually available. See probate in Maryland for the threshold.

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Primary sources