What is the process for appointing an executor for an unexecuted draft will?

Full question:

deceased party leaves an unexecuted draft will but have a reasonable amount of assets. What is the process to have an executor appointed to manage the deceased desires to destribute the assets.

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: Maryland

Answer:

In Maryland, a valid last will and testament must be signed by the testator and witnessed by two individuals. If a will is found after the testator's death and it is not properly signed or executed, the testator is considered to have died intestate, meaning without a will.

The probate court will then distribute the deceased's estate according to Maryland's intestacy laws:

• If a spouse and minor children survive, the spouse receives half of the estate, and the other half is divided among the minor children.
• If a spouse and all adult children survive, the spouse gets $15,000 plus half of the estate, with the adult children sharing the rest equally. If an adult child predeceased the decedent, that child's share goes to their children.
• If only children survive, the estate is divided equally among them.
• If a spouse and the decedent's parents survive, the spouse receives $15,000 plus half of the estate, and the remaining half is divided between the parents.
• If only one parent survives, they inherit the entire estate.
• If only a spouse survives, they receive the entire estate.
• If siblings survive but no spouse, children, or parents, the siblings divide the estate equally. If a sibling predeceased the decedent, their share goes to their children.
• If grandparents survive but no closer relatives, they divide the estate. If only great-grandparents survive, they share the estate equally.
• Stepchildren inherit only if there are no surviving spouse, children, parents, siblings, grandparents, or great-grandparents.
• If no relatives survive, the estate goes to Maryland's Board of Education unless the decedent received long-term care benefits from Maryland's Medical Assistance Program, in which case it goes to the Department of Health and Mental Hygiene.