What is intestate succession?

Intestate succession is the legal process that dictates who inherits an individual’s property when there is no will. Intestate succession applies to all real and personal property owned by the deceased and is determined by Maryland state law. This includes any property owned jointly or solely by the deceased, as well as any property that may pass through another means such as a trust or beneficiary designation. In Maryland, all of the deceased’s property, including real estate, personal property, and cash, goes through the intestate succession process. The property is distributed according to the law regardless of the wishes of the deceased. The law divides the property among the surviving family members in a specific order based on the closeness of the relationship to the deceased. The first priority is given to the surviving spouse and children of the deceased. If there is no surviving spouse or children, then the parents of the deceased are the next in line. If the deceased has no spouse, children, or parents, the next in line are siblings and then other relatives of the deceased. It should be noted that step-children and adopted children are considered to be the same as biological children in regards to the distribution of property. Finally, if there are no relatives, the property is distributed to the state. In Maryland, this is handled by the Department of Assessments and Taxation. It is important to note that, regardless of who inherits property in the intestate succession process, any debt of the deceased must first be paid from the estate before assets can be distributed.

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What is intestate succession?

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