Do I Need a Will in Maryland? What Happens Without One

If you are a Maryland resident, you need a will. It does not matter how old you are, how much money you have, or whether you own property. A will is the foundational document that ensures your wishes are carried out after you pass away. Without one, the State of Maryland decides what happens to your assets, your property, and even your children.

At SoMD Estate Planning, attorney Kathryn Batey helps families throughout Southern Maryland understand why a will is essential and how to get one in place quickly and affordably.

What Happens If You Die Without a Will in Maryland?

When someone dies without a will in Maryland, they are said to have died “intestate.” Maryland’s intestacy laws, found in the Estates and Trusts Article of the Maryland Code, provide a rigid formula for distributing the deceased person’s assets. This formula applies regardless of what the person may have wanted.

If you are married with children, your spouse receives the first $40,000 of the estate plus half of the remaining balance. Your children split the other half. If you are married without children, your spouse may share the estate with your parents. If you have no spouse and no children, your parents inherit. If you have no surviving family at all, the State of Maryland takes everything.

These outcomes may not align with your wishes. You may want your spouse to inherit everything. You may want to leave something to a friend, a charity, or a specific family member. Without a will, none of that happens.

Who Becomes Guardian of Your Children?

For parents of minor children, this is the most important reason to have a will. If both parents die without a will that includes a guardianship designation, the Orphans’ Court in your county appoints a guardian for your children. The court considers the best interests of the child, but it makes that decision without knowing your preferences.

Family members may disagree about who should serve as guardian, leading to disputes that can be traumatic for your children. The court may appoint someone you would not have chosen. A simple guardianship designation in your will prevents this entirely.

The Probate Process in Maryland

Whether or not you have a will, your estate may need to go through probate — the legal process of validating your will (if you have one) and distributing your assets. In Maryland, probate is handled by the Orphans’ Court in the county where you resided.

The probate process can take six to twelve months or longer, depending on the complexity of the estate. It involves court filings, notification of creditors, an inventory of assets, and the eventual distribution of property. Probate is also a public process, meaning the details of your estate become part of the public record.

While a will does not eliminate probate, it gives you control over the process by naming an executor and specifying how your assets should be distributed. For those who want to avoid probate entirely, a living trust is an effective strategy.

Why Even Young Adults Need a Will

Many young adults assume they do not need a will because they do not own a home or have significant savings. But a will is about more than money. It allows you to name a guardian for your children, designate beneficiaries for your bank accounts and personal property, name an executor to manage your estate, and express your final wishes.

If you have a child, a car, a bank account, or any personal property you care about, you need a will. The cost of creating a simple will is a fraction of what your family would spend navigating the probate process without one.

The Cost of Not Having a Will

The financial cost of dying without a will can be substantial. Your family may incur legal fees to navigate probate, costs associated with a court-appointed administrator, potential disputes among family members, and delays in accessing your assets. These costs can far exceed the cost of creating a simple will with an experienced attorney.

Beyond the financial costs, there is the emotional toll on your loved ones. Making difficult decisions during a time of grief, without any guidance from you, is a burden that a will can prevent.

Frequently Asked Questions

How much does a simple will cost in Maryland?

SoMD Estate Planning offers flat-fee pricing for simple wills so you know the cost upfront. Contact us at (301) 818-0389 for a free consultation and personalized quote.

Can I write my own will in Maryland?

While Maryland law allows handwritten and DIY wills, errors in self-prepared wills frequently lead to expensive probate disputes. Working with an attorney ensures your will is properly drafted, witnessed, and legally enforceable.

What should I include in my will?

At minimum, your will should name your beneficiaries, designate an executor, appoint a guardian for minor children, and specify how you want your assets distributed. An attorney can help you identify other provisions that may be relevant to your situation.

Take the Next Step

Do not leave your family’s future to chance. Call SoMD Estate Planning at (301) 818-0389 for a free consultation with attorney Kathryn Batey. Learn more about our simple wills, trusts, and visit our FAQ page for more answers to common estate planning questions.