ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Estates Without a Will | Haskell & Dyer
When There's No Will, the State Has Already Written One. We Help You Work Through It.
When someone dies without a will, Maryland's intestacy laws decide who inherits. We help families work through that process and make sure the estate is settled correctly, with as little friction as possible.
If a Loved One Died Without a Will
The estate can still be settled. There's a clear process.
No will does not mean chaos. Maryland law lays out exactly who inherits and how the estate is administered. The steps are well defined, and we can guide your family through them. Call us and we will explain who the heirs are and what happens next.
What "Intestate" Means
The Law Fills In for the Missing Will
Dying without a will is called dying intestate. Instead of the person's wishes, a fixed set of rules, the intestacy laws, decides who inherits and in what shares.
Who Inherits
Heirs at Law
Intestacy distributes the estate to relatives in a set order, starting with the spouse and children and moving outward to parents, siblings, and beyond. Who takes, and how much, depends on which relatives survive.
Who Manages It
The Administrator
With no will, there is no named executor, so the court appoints a personal representative, often a close family member, to administer the estate. We help your family decide who serves and get them appointed.
The General Order
How Maryland Decides Who Inherits
The exact shares depend on who survives, but the priority generally follows this order. We confirm precisely how it applies to your family.
First
Spouse and children. A surviving spouse and children inherit first, with the split between them depending on the specific family situation.
Next
Parents and siblings. If there is no spouse or children, the estate generally passes to surviving parents, then to siblings and their descendants.
Then
More distant relatives. If none of the above survive, the law continues outward to grandparents, aunts, uncles, and further kin in a defined sequence.
What's at Stake
Why an Intestate Estate Needs Care
Without a will to guide it, an estate can raise questions that need careful, even-handed handling.
Heirs
Identifying exactly who inherits under the law
Shares
Calculating each heir's correct portion
Disputes
Heading off conflict among family members
Process
Administering the estate through the court
How We Help With an Estate That Has No Will
We bring order to an uncertain situation: identify the heirs, get an administrator appointed, and settle the estate correctly.
We Identify the Heirs
We apply Maryland's intestacy rules to your family and determine exactly who inherits and in what shares.
We Get an Administrator Appointed
We help your family choose a personal representative and handle the petition to have them formally appointed.
We Administer the Estate
From inventory to final distribution, we manage the same probate steps an estate with a will requires.
We Keep the Peace
When the absence of a will creates tension, we work to keep things fair and head off disputes before they harden.
Common Questions
Estates Without a Will, Answered
My family member died without a will. What happens to everything?
The estate is distributed under Maryland's intestacy laws, which set who inherits and in what shares based on the surviving relatives. It still goes through the probate process, just without a will to direct it. We identify the heirs, get an administrator appointed, and guide the family through settling the estate correctly.
Who inherits if there's no will?
Maryland law sets the order: generally the surviving spouse and children first, then parents, then siblings, and on to more distant relatives if needed. The exact division between a spouse and children depends on the specific family situation. We apply the rules to your circumstances and confirm precisely who inherits and how much.
Who is in charge of the estate if no executor was named?
The court appoints a personal representative, often called an administrator in this situation, usually a close family member who petitions to serve. If more than one person wants the role, there is an order of priority. We help your family decide who should serve and handle getting that person appointed.
Can an unmarried partner or a friend inherit without a will?
Generally no. Intestacy only passes property to legal relatives in the statutory order, so an unmarried partner, a close friend, or a stepchild who was never adopted usually does not inherit, no matter how close the relationship was. This is one of the hardest parts of dying without a will, and we will explain honestly how the law applies.
What if we can't agree on who should administer the estate?
Disagreements over who serves are common when there is no will. Maryland law provides an order of priority among those eligible, and the court can resolve a dispute if needed. We help families work toward agreement where possible, and represent your interests if the question has to be decided by the court.
No Will? We'll Help Your Family Settle It the Right Way.
Maryland's intestacy laws set the path, and we will walk your family through it: who inherits, who administers, and what happens next. Reach out and we will explain where things stand. The consultation is a conversation, not a commitment.
Prefer to talk now? Reach us at 301-627-5844
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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