WHO IS ENTITLED TO RECEIVE AN INHERTIANCE IN THE PROBATE PROCESS?

• If there is a will:

  • Beneficiaries named in the will: The decedent’s assets are distributed according to the terms outlined in the will. The beneficiaries can be family members, friends, charities, or any entities the decedent chose.
  • Contingent beneficiaries: These are individuals or entities named in the will to receive the inheritance if the primary beneficiaries predecease the testator or cannot inherit for other reasons.

• If there is no will (intestate succession):

  • Spouse and children: Most states give priority to the surviving spouse and children. The exact distribution can vary. For example, in Maryland, if there are surviving minor children, the spouse typically receives half of the estate, and the children share the remaining half.
  • Parents and siblings: If there are no surviving spouses or children, the estate may go to the decedent’s parents or siblings.
  • Extended family: If no immediate family members are available, the inheritance may be distributed to more distant relatives like grandparents, aunts, uncles, and cousins.
  • Escheat to the state: If no relatives can be found, the estate may escheat, or revert, to the state.

Dorsey's Realty Disclaimer -  

Remember, consult with an attorney who specializes in probate and trust matters to ensure that the disclaimer meets the specific legal requirements and addresses the unique circumstances of your situation. This disclaimer is a general example and may need to be customized to fit the specific circumstances and legal requirements of the probate estate or trust you are dealing with. It is always advisable to consult with a legal professional to ensure compliance with relevant laws and regulations. 

Contact your dedicated Certified Residential Real Estate Probate Specialist 

Fred Dorsey "Prince of Probate" to schedule a telephone conversation. 301.760.2178

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