What Happens If There Is No Will? Intestate Succession in CT, MD, MA, and DC
When a loved one dies without a valid will, they are said to die "intestate," and it is state law, not their wishes, that decides who inherits. The rules vary meaningfully across Connecticut, Maryland, Massachusetts, and Washington DC. Understanding the order of inheritance in the state where the person lived is the first step to knowing who can act and who has a say in selling a probate property.
Most families face this situation at some point. Surveys consistently find that roughly two-thirds of Americans die without a will. Intestate succession is far more common than people assume, and it is worth understanding before an estate reaches the courthouse.
"Losing someone is hard enough without the courts deciding who inherits. When there is no will, families often assume the path is simple. In truth, every state has its own order of inheritance, and understanding exactly how your state works can spare your family months of confusion and a great deal of heartache."
- Robert Clarke, Probate Real Estate Specialist
How Each State Decides Who Inherits
The surviving spouse and children are almost always first in line, but the exact shares differ:
- Connecticut: In the Probate Court, a surviving spouse with shared children takes the first $100,000 plus half of the remaining estate, with the children splitting the rest. With no will, the court appoints an administrator to handle an inventory and accounting, and Connecticut estate filing fees scale with value, starting as low as $25.
- Maryland: Before the Orphans' Court, intestacy rules changed in late 2023 to favor the spouse. A surviving spouse inherits the entire estate when there are no children, and when all children belong to both spouses the spouse still takes everything. Small estates can carry no Register of Wills filing fee.
- Massachusetts: Under the Probate and Family Court's intestacy rules, a spouse with shared children and no other children inherits the entire estate. If there are parents but no children, the spouse receives the first $200,000 plus three-quarters of the balance. Intestate administration runs through informal probate, with the standard petition costing about $390.
- Washington DC: In the DC Superior Court Probate Division, a spouse who shares children with the decedent inherits the entire estate, as does a spouse with no children. The court appoints a personal representative, and DC charges a base fee plus a per-value amount on the probate estate, with a modest fee when the decedent owned DC real estate.
What It Means for a Family Home
The house is often the largest asset, and in an intestate estate its fate depends on who the law names as heirs. When multiple heirs inherit a single home, everyone must agree before it can be sold, and proper authority is still required. In Connecticut the Executor or administrator needs Probate Court approval to sell; in Maryland, Massachusetts, and DC the Personal Representative holds similar authority before a sale.
A real estate professional who understands intestate estates in your state can help you identify heirs, gather the right authority, and price the home for a smooth sale. The state where the deceased lived always controls.
Explore the State Guides
Need Help With a Probate Property?
Contact Robert Clarke for compassionate guidance with intestate estates and probate property sales across all four states.
This site provides general real estate and probate information. It is not legal advice. Consult the appropriate state probate attorney for legal questions.
Need Help With a Probate Property?
Contact Robert Clarke for expert guidance across Connecticut, Maryland, Massachusetts, and Washington DC.
Robert Clarke | Coldwell Banker Realty
CT Inquiries: (203) 936-9004 | rob@robandvicct.com
MA Inquiries: (617) 564-0109 | rob@robandvicct.com
DC and MD Inquiries: (202) 681-9556 | rob@robandvic.com
Watch: Understanding Who Inherits
Short videos that explain intestacy and how probate works.
Do All Estates Go Through Probate?
Introduction to Probate
Multiple Heirs Inherit
Heirs Don't Agree
Not Sure Who Inherits?
Robert can help you understand intestate succession across Connecticut, Maryland, Massachusetts, and DC.
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