What if the decedent died without a Will?

If the decedent died without leaving behind a Will, the estate is an “intestate” estate. Fundamentally, probating a testate estate is the same as probating an intestate estate in that the basic goals of the probate process remain the same. There are, however, a few important practical and procedural differences. If there is no Will, the court must appoint a Personal Representative (PR) to oversee the probate process. Typically, a family member petitions to be the PR. Furthermore, the Maryland intestate succession laws will determine how the estate assets are distributed if there is no Will.