Understanding intestacy laws in Upper Marlboro and Largo can be important for anyone who has recently lost a close family member. If a person passes away without a will or is deemed invalid, these laws determine how their property is divided following their death.

Disputes can arise when property is distributed in this way, making it critical to rely on the guidance of a dedicated wills attorney. Understanding how these inheritance rules work can be invaluable even when the decedent executes a will.

What is Intestacy?

Any time a person passes away without a last will and testament, they have died “intestate.” In that situation, state law determines how a person’s property is divided after their passing. There is a hierarchy based on the relationship with the decedent, and some family members have a higher priority than others.

Understanding the rules of intestate succession is important, even when a relative passes away with a will in place. Individuals who would inherit under intestate succession laws are entitled to notice of any proceedings even if they were left out of the will.

How Intestate Succession Works

Certain family members are ranked in a hierarchy when assets are divided through intestacy laws in Upper Marlboro. The highest priority is given to spouses and children. The surviving spouse is entitled to a fixed share even when multiple surviving offspring exist.

If there are no surviving spouses or children, the deceased’s parents are the next in line to inherit. Many complex rules regarding spousal shares and half-siblings can make the outcome unclear. An attorney could assist with every aspect of an estate, including developing a plan to bypass intestate succession entirely.

Can the Government Inherit?

There are circumstances where the state can inherit the entirety of a person’s estate after they pass away. When an individual dies without a will and has no living heirs anywhere within the hierarchy of intestate laws in Upper Marlboro, any assets will escheat to the state.

Assets transfer directly to the state when there is no viable heir. According to the law, the payments are made to either the Maryland Department of Health and Mental Hygiene or the local board of education.

Property that Passes by Intestate Succession

Only specific property passes by intestate succession. Some assets that will not go through this process include:

  • Life insurance proceeds;
  • Property in a living trust;
  • Payable-on-death bank accounts;
  • Property held in joint tenancy; and
  • IRA funds.

Most people who work with an estate attorney develop a plan to avoid probate entirely and rely on this formula for distributing wealth.

Talk to an Attorney in Upper Marlboro About Intestacy Laws

Losing a close family member is never easy, and disputes over their inheritance can complicate matters further.

Let an attorney who understands intestacy laws in Upper Marlboro ensure your final wishes are respected by helping you develop an estate plan that fits your needs. Call today to schedule a private consultation.