What happens to my estate if I die intestate?

If you die without having written a will or other estate plan, it is called dying intestate. When this happens, your estate is distributed according to Maryland’s intestacy laws. Under Maryland’s intestacy laws, your surviving spouse would receive the entirety of your estate if you have no descendants (children, grandchildren or great-grandchildren). If you do have descendants, your estate is divided between your surviving spouse and your descendants. Your surviving spouse would receive 50% of your estate, with the other 50% split amongst your descendants according to a specific formula prescribed by the statute. If you do not have a surviving spouse, the entirety of your estate would be divided between your descendants according to the same formula. If there is nobody who fits into the categories of surviving spouse or descendant, the entire estate is distributed to the person or entity specified in a prior will or trust. If there is no will or trust, it would go to your closest relatives. It is important to have a valid will or other estate planning document in place in order to ensure that your estate is distributed as you would like. Otherwise, it will be distributed according to Maryland’s intestacy laws.

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