What Happens If You Don’t Have A Will In Maryland?

By Kaitlyn P. Tauber, Esq., Liberty Legacy Law Group

If you’ve ever thought, “I’ll get around to writing my will someday,” you’re not alone.

We talk to people every week who fully intend to get their affairs in order – after the next vacation, after the next birthday, after retirement, after things calm down.

But here’s the truth I need you to hear, from both a legal and human perspective:

If you don’t have a will in Maryland, the law decides everything for you.
And that rarely plays out the way you would’ve wanted.

This post isn’t about fear.
It’s about clarity – and giving you a practical look at what happens if you don’t leave a plan behind.

First, Let’s Get One Thing Straight: You Do Have an Estate

One of the most common misconceptions I hear is:

“I don’t have enough to need a will.”

But if you have:

• A car
• A bank account
• A home
• A retirement account
• Personal belongings
• Children
• Even just a few sentimental items or savings

…then you have an estate.

And without a will, your estate doesn’t disappear. It goes through a legal process called probate – and the State of Maryland decides who gets what, based on intestacy laws.

So What Is Intestacy?

Intestacy is the legal term for dying without a will. If this happens in Maryland, the state applies a default formula to distribute your assets – no matter what your relationships, wishes, or family dynamics look like.

Here’s a quick breakdown of what actually happens:

Who Gets What (And Why It Might Surprise You)

Maryland’s intestate succession laws are more complicated than most people realize. The most misunderstood situation? When someone is married.

➤ If you die with a spouse and minor children:

• Your spouse gets half.
• Your children split the other half.

Yes, you read that right. Your spouse – the person who likely pays the mortgage, raises your kids, and shares your day-to-day life – does not automatically inherit everything if you have young children.

➤ If you die with a spouse and adult children:

• Your spouse gets the first $40,000, plus half of the remaining estate.
• Your adult children split the other half.

➤ If you die unmarried, with children:

• Your children inherit everything, equally – no matter their age, relationship with you, or financial readiness.

➤ If you die unmarried, with no children:

• Your parents inherit everything.
• If your parents are deceased, it goes to siblings, then nieces/nephews, and so on.

And here’s the kicker:
The court follows this formula to the letter. There’s no consideration for:

• Stepchildren
• Long-term partners
• Estranged relationships
• Special needs
• Promises you made aloud
• Who took care of you in your final days

Unless it’s written down, signed, and legally valid, Maryland doesn’t care who you meant to leave it to.

What Happens to Your Kids If You Die Without a Will?

This is the part that hits the hardest for young families.

If you have minor children and no will, the court decides who will raise them – not you.

That means:

• A judge who has never met you
• A courtroom filled with legal arguments
• Potential fights between family members
• Temporary guardianship while the process unfolds

The person who ends up raising your child may not be the one you would have chosen. And the person you trusted most might be passed over – simply because you never named them in writing.

We’ve seen this unfold. We’ve seen siblings pitted against each other. Grandparents forced into legal battles. Children placed into temporary care with people who love them but aren’t legally equipped to step in.

A will is your voice when you can’t speak. It’s how you protect your children, even when you’re gone.

What Happens to Your Property?

Without a will, all assets in your name alone must go through probate.

That means:

• Delays of months to years
• Court fees
• Public records (no privacy)
• Frozen accounts and property until a personal representative is appointed

Even worse? Families sometimes lose access to homes, can’t sell vehicles, or struggle to pay funeral expenses while waiting for legal permission to act.

If you wanted someone to keep the house, continue the family business, or receive a treasured heirloom – none of that happens unless it’s documented.

What About Your Business?

If you own a business and die without a plan, your heirs inherit the legal mess.

No clear succession.
No access to accounts.
No plan to keep things running.
No legal authority to step in.

Clients disappear. Employees panic. Partners get frustrated.

A will, paired with proper business succession planning, is what keeps your life’s work from collapsing.

Why “Verbal Wishes” Aren’t Enough

We hear it all the time:

“My family knows what I want.”
“We’ve talked about it. Everyone’s on the same page.”

But when emotions are high and money is involved, things change.

Grief creates tension.
Different memories emerge.
People interpret things differently.
And sadly, people fight – even when they swore they never would.

A written will gives clarity. It keeps the peace. It honors your intentions.

What a Will Can Do (That Intestacy Can’t)

When you create a will, you:

• Decide who gets what
• Choose who will care for your children
• Appoint a trusted personal representative
• Prevent family conflict
• Ensure your wishes are followed
• Save your loved ones from stress, time, and legal fees

It’s not just a document – it’s a gift.

You’re Not Too Young (Or Too “Broke”) to Need a Will

Let’s break another myth:

“I’m young. I’m healthy. I don’t need a will yet.”

But unexpected accidents, illness, and tragedies happen at every age.

We’ve worked with:

• Parents in their 30s who passed suddenly
• Newlyweds who hadn’t gotten around to planning
• Adults caring for their own parents and kids – with no instructions left behind

If you have children, a home, or a partner – you need a plan.

If you’ve accumulated anything of value (money, property, pets, memories) – you need a plan.

If you love someone – you need a plan.

We Make It Simple, Affordable, and Human

At Liberty Legacy Law Group, we don’t just draft documents.
We listen. We care. We explain everything in plain language.
We offer flat-fee pricing, so there are no surprises.
And we build your plan around your life, not some generic form.

We walk you through every decision with clarity, compassion, and respect.

And if your life changes? Your plan can too. We’re here to grow with you.

Final Thoughts: If You Don’t Choose, the State Will

We know it’s uncomfortable to talk about.
But it’s so much more uncomfortable to leave your family unprepared.

Dying without a will doesn’t just leave legal loose ends – it leaves people you love to navigate grief and courtrooms at the same time.

You deserve better.
Your family deserves clarity.
And your wishes deserve to be honored.

Let’s make it happen – together.

At Liberty Legacy Law Group, we help Maryland families take care of what matters most – before the courts are forced to step in.

Let’s write the next chapter of your legacy the right way: with intention, compassion, and protection. Contact us today.