What Happens If You Die Without a Will in Maryland

When someone dies without a will in Maryland, the estate passes by intestate succession. The statute, not the family, decides who gets what.

If the deceased is survived by a spouse and minor children, the spouse receives the first $40,000 plus half of the remaining estate — the other half goes to the children, held by a court-supervised guardian of the property until they turn 18.

If the spouse and only adult children survive, the spouse takes the first $100,000 plus half — the rest goes to the adult children. If the spouse survives with no descendants but parents are alive, the spouse takes the first $100,000 plus half; the other half goes to the parents.

Without a will, minor children's guardian is selected by the Orphans' Court — not by you. The court tries to honor family wishes but is not bound to.

A basic will avoids all of this and costs less than most people expect. A revocable living trust on top avoids probate too. Both are flat-fee at the firm.