Dying intestate, or without a validly executed Last Will and Testament, means that the state laws determine how your assets are transferred to your heirs. In Maryland, if your spouse is still living and you leave behind at least one minor child, your spouse receives only half of your probate estate. Your children receive the other half in equal portions.
If all of your children are over eighteen years of age, your spouse receives the first $15,000 of your probate assets plus half of the remaining probate assets. The remaining portion will pass to your children. If you do not have any children that portion will pass to your parents.
The only way your spouse receives all of your probate assets is if you have no children or parents who survive you.
Also, if you die without a will and have no spouse, descendants or other blood relatives all of your assets go to the county board of education.
To avoid the state determining what happens to your assets after you die, you should consult an experienced estate planning attorney to learn your options about wills and trusts.
