What to Do if Someone Dies Without a Will in Maryland

When someone passes away without a will in Maryland, the process of distributing their estate can become complex and emotional. This situation, known as dying "intestate," means that the state laws will determine how the deceased's assets are distributed. Understanding the steps to take can help you navigate this difficult time.

1. Determine the Decedent's Heirs
In Maryland, the intestacy laws dictate who inherits the deceased's property. Generally, the estate will be divided among the surviving spouse, children, parents, and siblings. If there are no immediate family members, the estate may go to other relatives, following a specific hierarchy as outlined by Maryland law.

2. Appoint a Personal Representative
The next step is to appoint a personal representative (also referred to as an executor) to manage the estate. If the deceased did not name anyone in a will, family members can petition the Orphans' Court to appoint someone. This person is responsible for settling debts, managing assets, and ensuring the estate is distributed according to Maryland law.

3. File for Probate
Probate is the legal process through which a deceased person's estate is administered. In Maryland, the personal representative must file a petition for probate in the appropriate Orphans' Court. This involves submitting a death certificate and any other required documentation along with the petition.

4. Inventory the Estate
Once probate is initiated, the personal representative must create an inventory of the deceased's assets. This includes real estate, personal property, bank accounts, and any other assets that may exist. It's crucial to accurately assess all items to ensure proper division and to resolve any outstanding debts.

5. Notify Creditors
The personal representative must notify all creditors of the deceased. This gives them an opportunity to file a claim for outstanding debts. In Maryland, creditors typically have a specific timeframe to do this, often up to six months from the date of notice.

6. Pay Debts and Taxes
Before distributing assets to heirs, the personal representative must settle any debts and taxes owed by the estate. This includes funeral expenses, medical bills, and any other financial obligations. Only after these debts have been cleared can the remaining assets be distributed to heirs.

7. Distribute the Remaining Assets
After debts and taxes are settled, the personal representative can distribute the remaining assets according to Maryland’s intestacy laws. The distribution will depend on the family structure of the deceased, as outlined earlier. Clear communication with all heirs is essential during this process to avoid misunderstandings and conflicts.

8. Seek Legal Guidance
Dealing with an intestate estate can be complicated, and it might be beneficial to seek legal advice. An attorney familiar with Maryland probate laws can provide guidance throughout the process, help ensure compliance with all legal requirements, and address any disputes that may arise among heirs.

In summary, while losing someone without a will can be challenging, following the steps outlined above can help streamline the process. By understanding the intestacy laws in Maryland and working with a qualified personal representative, you can navigate this difficult time with greater ease.