The probate process differs based on whether the deceased left a valid will or died intestate (without a will). These differences dictate how the estate divides, who manages the process, and how decisions proceed.
These distinctions help families prepare for what to expect.
Probate with a will
When someone dies with a valid will, the executor named in the will files it with the Register of Wills in the county where the deceased lived. The executor notifies beneficiaries, inventories assets, pays debts, and distributes property according to the will’s terms.
A will simplifies the probate process by providing clear instructions for dividing the estate. This clarity reduces uncertainty and prevents disputes among heirs. Maryland law requires the will to meet specific legal standards, such as signing by the testator and witnessing by two individuals.
Probate without a will
If someone dies without a will, Maryland’s intestacy laws dictate how the estate divides. The probate court assigns a personal representative, often a close family member, to manage the process. Intestate succession rules prioritize immediate family members, such as spouses, children, and parents, for inheritance.
Without a will, the court assumes a larger role in distributing the estate, often causing delays and complications. Additionally, individuals not recognized under intestacy laws, such as unmarried partners or friends, cannot inherit unless a valid will explicitly names them.
Planning for the future
A will gives individuals control over how their estate divides and ensures their wishes receive respect after death. It also streamlines the probate process, helping loved ones handle responsibilities with fewer complications. Preparing in advance provides clarity and reassurance for everyone involved.