Implications of Passing without a Will in Maryland

Published on
October 14, 2024
Written by
Angel Murphy, Esq
Category
Estate Planning

Passing without a Will – or Passing “Intestate” – Creates a Unique Legal Situation

Before someone passes away, a common situation involves the creation of a legal instrument known as a will, or a “last will and testament” of the decedent. This doesn’t always happen, however, and in many cases a decedent passes away before he or she has the opportunity to create a valid and enforceable will. Some people simply choose against creating a will, as this option is seen as the preferred option for certain people.

When someone passes without a will, this opens up a situation in which the state must use “default rules” to transfer the decedent’s assets to beneficiaries. The primary purpose of a will is to distribute a decedent’s assets to specified beneficiaries; in other words, to ensure that the decedent’s estate (or collection of assets) is distributed to whomever the decedent wished it to be distributed. When a decedent passes away without a will, the state is basically compelled to step in and perform the functions of the will.

Passing away without a will is referred to as passing away “intestate.” Like other jurisdictions throughout the country, Maryland has its own intestacy laws which predetermine how assets will be distributed in the event that someone passes without a will.

Assets are Distributed to a Spouse & then Descendants

Maryland’s intestacy laws provide a set of rules which allow for the transfer of assets in a wide variety of scenarios. These rules basically restrict transfers based on degree of kinship or closeness to the decedent. Obviously, the rules cannot capture every conceivable scenario, and they don’t account for the actual relationships between the decedent and the beneficiaries. This is one reason why having a valid will is the preferred option for so many. Here is a brief breakdown of Maryland’s intestacy laws as of the fourth quarter of 2024:

           Scenario#1: Children but no spouse – Children inherit the entire estate.

           Scenario#2: Spouse but no children – Spouse inherits the entire estate.

           Scenario#3: Spouse and children who are minors – Spouse inherits half of the estate and children inherit half of the estate.

           Scenario#4: Spouse and adult children who are not descendants of the surviving spouse – Spouse inherits first $100,000 of the estate and then half of the remainder,             children inherit the remainder.

           Scenario#5: Parents but no spouse and no children – Parents inherit the entire estate.

           Scenario#6: Siblings, but no spouse, no parents, and no children – Siblings inherit the entire estate.

Passing without a Will Takes Away Some Level of Autonomy

The question arises: why would someone choose against having a will? If the benefits of a will are clear, why do people select against this option? The answer may be different in different cases, but in many situations people pass away without a will even though they didn’t make a choice one way or the other. In many instances, people pass away because of a tragic accident, or unforeseen disaster, and so they may not have made any type of decision with respect to a will. The intestacy laws of Maryland are therefore a necessity, as they fill the gap when people pass away in any unforeseen manner. Even if every Marylander desired a will, the state would still need these intestacy laws because of tragic accidents.

Perhaps the critical point to take away from this article is that passing away without a will removes a degree of autonomy from the decedent. In some cases, people choose against a will because they don’t want to expend the resources on a qualified attorney to assist them. In some ways, the issue boils down to whether a given person is comfortable with the default rules of the State of Maryland when it comes to transferring assets in the event of death. Most people simply aren’t comfortable leaving this matter to the state.

Contact the Murphy Law Firm for Additional Information

If you want more information on passing away without a will, the details of intestacy law in Maryland, the benefits of a will, or another related matter, contact the Murphy Law Firm today by calling 240-219-4253.

Angel Murphy

Personable. Passionate. Persistent.

intestacy | wills | estate planning | Maryland law | asset distribution | probate | decedent | family law | inheritance | legal advice

Subscribe to our newsletter

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Articles & Resources