How Probate Works
August 1, 2026 · Marc Cormier
What Happens If There Is No Will in Maryland?
One of the first questions families ask after losing a loved one is: "We can't find a will. What happens now?" The good news is this: a missing will does not mean the estate cannot be settled. Maryland has laws that explain who inherits property when someone dies without a valid will. This is known as dying intestate.
What Does "Intestate" Mean?
An intestate estate simply means the person died without a valid will. Instead of following the wishes in a will, the estate is distributed according to Maryland law. The Register of Wills and the probate court oversee the process.
Who Gets the Property?
Who inherits depends on the person's surviving family members. The outcome can differ depending on whether the deceased was survived by: a spouse, children, parents, brothers and sisters, or other relatives. Because every family is different, it's important to speak with a Maryland probate attorney to understand how the law applies to your situation.
Who Becomes the Personal Representative?
Without a will naming an executor, the court appoints a Personal Representative. That person has the responsibility to: collect estate assets, notify creditors, manage estate property, pay valid debts, sell property if necessary, and distribute the remaining assets according to Maryland law. Being appointed does not automatically make someone an heir. The two roles are different.
Can the House Still Be Sold?
Yes. Many Maryland intestate estates include real estate. The Personal Representative may have the authority to sell the property when doing so benefits the estate and complies with Maryland law. Before making any decisions, the Personal Representative should work closely with the estate attorney.
Common Misunderstandings
"I'm the oldest child, so I automatically make the decisions." Not necessarily. Only the court-appointed Personal Representative has authority to act on behalf of the estate.
"The house automatically belongs to me." Not necessarily. Ownership depends on several factors, including how the property was titled and Maryland inheritance laws.
"We don't need probate because there's no will." Actually, many estates without a will still require probate. The absence of a will often makes probate more important, not less.
What Should Families Do First?
After a loved one passes away: secure the property, notify the insurance company if the home becomes vacant, locate important financial documents, speak with a Maryland probate attorney, and obtain a professional opinion of the home's value before making decisions. Taking these steps early can prevent unnecessary delays and protect the estate.
Should You Sell the Home As-Is?
Every property is different. Some inherited homes are move-in ready. Others need: clean-outs, repairs, painting, flooring, landscaping, and professional staging. Understanding the costs and the expected return helps the Personal Representative make the best financial decision.
Frequently Asked Questions
Can someone become the Personal Representative if there is no will?
Yes. The court appoints a qualified person according to Maryland law.
Does the state receive the property?
Only in very limited situations when there are no legally entitled heirs.
Can family members live in the home during probate?
That depends on the circumstances and should be discussed with the estate attorney before anyone moves in or remains in the property.
Can the house be sold before probate is finished?
In many Maryland estates, yes. The timing and required approvals depend on the facts of the case and applicable law.
Helping Maryland Families Through Probate
When there isn't a will, families often feel overwhelmed. Questions arise quickly, and emotions are high. Our team helps Maryland Personal Representatives and heirs: understand their real estate options, determine the home's market value, compare selling as-is versus making improvements, coordinate clean-outs and repairs, obtain multiple cash offers, and sell the property with the least amount of stress.
Whether you're in Montgomery County, Prince George's County, Howard County, Anne Arundel County, Frederick County, or anywhere in Maryland, we're here to help. Contact us today for a free probate real estate consultation and learn the best options for your inherited Maryland property.
Marc Cormier is a Maryland-licensed Realtor and probate real estate specialist serving Maryland, Virginia, and Washington DC.