What To Do When A Loved One Passes Without A Will In Maryland

By Melissa N. Paddy, Esq., Liberty Legacy Law Group

Losing a loved one is never easy. Between grief, paperwork, and family emotions, it can feel overwhelming. And if your loved one didn’t have a will, the situation can get even more complicated — fast.

In Maryland, when someone dies without a will, the law decides who gets what. That might sound simple, but in reality, it can lead to confusion, delays, and sometimes even conflict.

Let’s walk through what happens — and what you can do to protect yourself and your family.

Understanding Intestacy in Maryland

When a person dies without a will, they are said to have died intestate. Maryland’s intestacy laws then determine how their property is distributed.

Who inherits depends on the person’s surviving family:

• If there’s a spouse and no children, the spouse generally inherits everything.
• If there’s a spouse and children, the spouse and children share the estate based on specific state formulas.
• If there are no surviving spouse or children, the estate may go to parents, siblings, or other relatives.

If no relatives can be found, the property could even go to the state of Maryland.

This process can be slow and public — and often doesn’t reflect what the deceased person would have wanted.

What Happens Right After Someone Passes

If you’ve lost someone who didn’t have a will, here are the first key steps to take:

1. Secure the home and important documents. Gather deeds, financial records, tax returns, and any account information.
2. Notify key institutions. Banks, employers, and insurance companies should be informed.
3. Contact the Register of Wills in the county where your loved one lived. This is where the estate administration begins.
4. Determine if probate is required. Most intestate estates must go through Maryland probate court to appoint a personal representative.
5. Consult with an estate attorney. Navigating intestacy laws without help can lead to costly mistakes or disputes.

Common Challenges Without a Will

When there’s no will, families often face:

• Disagreements over who should manage the estate
• Long delays waiting for probate approval
• Difficulty accessing bank accounts or paying bills
• Real estate stuck in legal limbo
• Family members feeling left out or blindsided

Even simple estates can become complicated without clear instructions.

How the Process Works

Once the court appoints a personal representative, that person has legal authority to handle the estate. Their responsibilities include:

• Collecting all assets
• Paying debts and taxes
• Distributing what’s left according to Maryland law

If disputes arise — for example, about who should be the personal representative or how assets are valued — the case can drag on for months or even years.

That’s why early guidance from an attorney is so valuable.

How Liberty Legacy Law Group Helps Maryland Families

At Liberty Legacy Law Group, we’ve helped many Maryland families work through the loss of a loved one who didn’t leave a will.

We can:

• Guide you through the probate process step by step
• Help identify and value assets
• Communicate with the court and financial institutions on your behalf
• Protect your rights as a spouse, child, or heir
• Prevent unnecessary conflict or court delays

Our approach combines legal clarity with compassion. We understand that you’re not just dealing with paperwork — you’re dealing with people, memories, and emotions.

Final Thoughts

Losing someone without a plan in place can feel like chaos. But you don’t have to go through it alone.

If your loved one passed without a will, reach out for help early. The sooner you act, the smoother the process will be — and the more likely your family can stay united through it.

And if you haven’t created your own will yet, let this be your reminder: don’t leave your loved ones guessing. Give them clarity, peace, and direction.

At Liberty Legacy Law Group, we help Maryland families turn confusion into confidence — and uncertainty into legacy.

Because your family deserves more than court paperwork. They deserve peace of mind. Reach out to our team today.