What is the difference between a will and an intestate estate?

A will and an intestate estate are two very different things. A will is a document that a person creates to direct how their estate should be distributed upon their death. It is legally enforceable, meaning that any instructions provided in the will must be followed. An intestate estate is what happens when someone dies without having created a will. In this case, the laws of the state govern how the deceased’s estate will be divided up. In Maryland, the laws of intestate succession dictate that the deceased’s surviving spouse will receive the first $15,000 of the estate, plus one-half of the value of the remaining estate. The remainder is then divided between the deceased’s children, or if the deceased did not have any children, then to the next of kin. Generally speaking, siblings and parents are next in line to receive any remaining assets. The main difference between a will and an intestate estate is that a will provides an individual the chance to determine how their assets will be divided, whereas an intestate estate relies on the laws of the state. Therefore, it is extremely important to create a will that accurately reflects the wishes of the deceased in order for those wishes to be respected upon their passing.

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What is the difference between a will and an intestate estate?

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