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What happens to assets left out of a will in Maryland?

On Behalf of | Jan 27, 2025 | Estate Administration & Probate |

When a loved one passes away, sorting through their estate can be an emotional and complex process, especially if certain assets aren’t included in their will or transferred to a trust. As an estate executor, you might wonder what will happen to these unaddressed assets.

In Maryland, assets left out of a will don’t just vanish. Instead, they are treated as if the person passed away without a will for that portion of the estate. This means the assets will go through the state’s intestacy rules, which will determine what happens to them.

Understanding Maryland’s intestate succession laws

Maryland generally follows bloodlines and degrees of kinship to determine who has priority to inherit. As such, the distribution of assets left out of a will depends on the family structure. 

For instance, if the deceased has a surviving spouse, they may receive a significant portion of the omitted assets. If there are children, they may share the assets with the spouse. Parents or siblings could also inherit if there are no children or a spouse.

It’s worth noting that some assets aren’t controlled by a will or the state’s intestacy laws. These non-probate assets include things like life insurance, retirement accounts and jointly owned property. Such assets typically pass directly to the named beneficiary or co-owner when the time comes, regardless of whether they are left out of the will.

What you should know as an estate executor

If you’ve been named the executor of an estate, it’s your job to locate and manage all the decedent’s assets, even those not mentioned in the will. It can be especially tricky if you live out of state or the will seems incomplete. Strained family relationships can also make it difficult to track down assets or reach an agreement on the way forward.

If you’re unsure about how to proceed, seeking legal guidance can help you navigate the probate process complexities and ensure everything is done right.