Tap To Call
Trust and Estates Attorneys

Dynamics of Maryland Intestacy Laws

Individuals die intestate if they have died without a valid Last Will and Testament. When somebody dies without a Last Will and Testament, Maryland laws of intestacy are applicable and Maryland law will dictate how the assets of the estate will be distributed.

A distinguished Wills lawyer can help you understand the dynamics of Maryland intestacy laws if a loved one has recently passed away without a Last Will and Testament. A Maryland Wills attorney will have the understanding of local laws that may affect your case.

Maryland Intestacy laws

Dynamics of Maryland intestacy laws have defaults that are created to determine how an estate will be administered in the event that an individual dies without a Last Will and Testament. Generally, they will describe who has the priority to serve as Personal Representative. There are a default tax provision and a default determination for who is to inherit from the estate.

What is commonly misunderstood about dynamics of Maryland intestacy laws is that quality of the relationship or the birth order dictates a child’s or a sibling’s right to serve as Personal Representative and how much of the estate they will inherit. It is not the case in Maryland.

In Maryland, if a decedent died with children all determined to be heirs, they would equally benefit from the estate, regardless of the closeness or the quality of the relationship with the parent or the loved one. The same goes for serving as Personal Representative. Many times an individual thinks that because they are the first born, the closest to the parent, or handled all the affairs that they have an additional priority to serve older siblings. That is a common misunderstanding.

Transferring Estate

An estate is transferred at the conclusion of the estate when the distribution is made. Typically, estate administration takes about one year. After all of the assets are marshaled, all the legally enforceable debts or expenses are paid, and tax returns and taxes are filed and paid, the Personal Representative will distribute the assets to the heirs and named beneficiaries in a Last Will and Testament or to the heirs at law pursuant to dynamics of Maryland intestacy laws.

Dividing an Estate in Maryland

Maryland law determines how family members are to inherit from an estate in the event that there is no Last Will and Testament. The dynamics of Maryland intestacy laws are based on linear bloodlines and the proximity of the bloodline to the individual is a determining factor for how the individual will inherit.

Depending on who survives the decedent determines how much, if any, an individual will receive. For example, if an individual died leaving three children and they also had six grandchildren, the six grandchildren would not inherit, because the three children were still living to accept their distribution. If one of the children passed away prior to the grandparent, their children would be fated to inherit because they would step into the shoes of his parent.