Determination of Heirship Attorney Upper Marlboro, Maryland

The loss of a loved one is hard. For those left behind, dealing with the deceased's estate, and identifying the heirs can be complicated and stressful if they passed on without a will.  At Sanders & Sanders, Attorneys at Law, we help determine heirship—helping families identify and claim what’s rightfully theirs. 

With more than 30 years of experience each, our experienced attorneys provide comprehensive legal assistance to individuals and families dealing with estate planning issues in Maryland, from creating wills and trusts to handling probate matters.

Why Determination of Heirship Matters 

When a person dies intestate—without a will—their estate doesn’t just dissolve into thin air. It is distributed according to intestacy laws. Determining heirship is important because it helps transfer the decedent's assets to the right people, whether it's surviving spouses, children, or other relatives. Without this legal process, there could be disputes, delays, and even loss of inheritance.

Determination of heirship also gives clarity and closure to grieving families and prevents potential conflicts among relatives, so that decisions regarding the estate are made fairly and according to the law. It is a major step in the probate process and helps make sure that the wishes of the deceased are respected and their assets are distributed as they would have wanted. 

The Legal Process of Determination of Heirship 

Determination of heirship involves several steps that facilitate the rightful distribution of an estate and reduce the risk of disputes among heirs. 

• Filing a petition: A petition typically includes detailed information about the decedent, their potential heirs, and the estate’s value. It sets the stage for the court to formally recognize the heirs and beneficiaries.
  

• Notice to heirs and interested parties: Once the petition is filed, a notice is sent out to all potential heirs and interested parties. They will have the opportunity to present themselves and make claims if they believe they have a right to the estate. 
  

• Court hearing: During the court hearing, evidence is presented to establish the relationship between the deceased and the potential heirs. This includes birth certificates, marriage licenses, and affidavits from individuals who knew the deceased. The court will review all evidence to decide who the legal heirs are. 
  

• Issuance of heirship order: After reviewing the evidence, the court will issue an heirship order. This document formally identifies the heirs and specifies how the estate should be divided. This order is necessary for transferring the deceased's assets to the rightful heirs.
  

• Publication of notice: In many jurisdictions, the court may require that a notice of the heirship determination be published in a local newspaper. This publication informs the public and any unknown heirs of the proceedings and invites anyone who believes they have a claim to the estate to come forward. 
  

• Final accounting and distribution: Once the heirship order is issued, a final accounting must be prepared to specify all assets, debts, and expenses associated with the estate. After the court approves the accounting, the estate can be distributed to the heirs as specified in the heirship order. This settles all financial obligations and allocates the remaining assets among the rightful heirs. 

Maryland Laws on Heirship 

In Maryland, the laws of intestate succession dictate how assets are distributed when there is no will. The aim is to distribute the estate to the closest living relatives, but this can vary based on individual circumstances. Here's a quick overview: 

• Surviving spouse: If there is a surviving spouse and no descendants or parents, the spouse inherits everything. 

• Children: If there are children but no spouse, the children inherit everything. If there is a spouse and children, the estate is divided between them. 

• Parents: If there is no spouse or children, the parents inherit the estate. 

• Other relatives: If there are no immediate family members, more distant relatives may be considered for heirship.

• Siblings: If there are no surviving spouses, children, or parents, siblings of the deceased will inherit the estate equally. If a sibling has predeceased the decedent, their share may pass to the sibling’s children (nieces and nephews of the deceased). 

• Grandparents and their descendants: If no immediate family members exist, the estate may be passed on to grandparents. If they are also not living, the estate could be distributed among the grandchildren of the deceased, following rules of representation.  

Maryland recognizes the concept of "per stirpes," which means that the share of a deceased heir is passed down to their descendants. This allows for grandchildren and further descendants of predeceased heirs to inherit their intended shares.  

Maryland law also includes provisions for the distribution of personal property and may allow for certain items to be passed directly to specific heirs. Moreover, the state allows adoptions to be considered when determining heirship, as adopted children have the same rights as biological children in inheritance matters.