When someone dies, a question remains about the assets left behind. Who inherits their property? However, if you have a will, the answer is simple.
Wills act as your voice long after you pass away helping you direct the distribution of your estate through the document. Your will allows you to nominate a personal representative, elect a guardian for your minor children and name beneficiaries. Having a last will and testament protects your loved ones in case of the unexpected.
But what about when someone dies without writing one?
How intestacy affects succession
Someone who dies without a will dies “intestate.” Their property will have to go through a probate process and the court will distribute according to Maryland’s intestacy laws. These laws will determine who gets what, and at what percentage of the estate.
Most often than not, the state will name the closest living relatives as heirs of the deceased under intestate laws. Maryland follows a strict line of succession if you die intestate. A state will only receive the property (escheat) as an extreme last resort.
How Maryland decides inheritance based on intestacy laws, if you:
- Have a spouse (or registered domestic partner) and surviving minor children, the spouse inherits ½ of the intestate property and children inherit the other half.
- Have a spouse/partner but no surviving minor children, the spouse inherits everything.
- Don’t have a spouse/partner but have children, your children claim all of your estate.
- Have a partner or spouse and descendants (who are also not descendants of your spouse), but no minor children, your spouse will inherit $100,000 of intestate property and ½ of the residue. Your descendants will collect the rest.
- Have no spouse/partner and descendants, your living parents inherit everything.
- Don’t have a partner or spouse, descendants or living parents, your siblings get your entire estate.
Courts require a thorough search of the deceased’s living relatives before the estate is surrendered to the state.
Exceptions to the rule
There are exceptions to this line of succession. In Maryland, specific assets can override default inheritance rules and claims. The primary exception is non-probate assets, which are assets with specific designated beneficiaries. The asset goes directly to them instead of through intestacy (e.g., trusts, life insurance).
Other people who may count as relatives of the deceased may not inherit through intestacy. Some individuals are excluded under Maryland’s intestacy laws:
Unmarried partners or cohabitants. According to the state’s succession laws, unmarried partners are not entitled to the estate, regardless of length of relationship
Stepchildren. Stepchildren do not automatically inherit unless there are no surviving blood relatives, in which case they inherit to prevent the estate from going to Maryland.
Your killer. Maryland’s “slayer’s rule” legally prevents anyone who intentionally kills (or conspires to kill) someone to benefit from their estate (e.g., when children kill a parent to inherit their share)
Intestacy laws may be strict but based on blood and legal relations. For example, half-sibling children and adopted children share the same rights to your estate as biological children from you and your spouse.
Leading your legacy
Maryland’s inheritance laws might not handle your estate in the way you desire. Your property and assets deserve to go to the right beneficiaries—that is what writing a will can facilitate. You can ensure proper legal guidance and direction for your estate when you consult local professionals and know state laws.