Legal Question in Wills and Trusts in Maryland

Assuming the property was titled in his name when he died, you cannot and should not take any assets without opening an estate and handling the funds as estate funds. (If the accounts were titled jointly or otherwise pass outside of the estate it is a different matter).

The first step is to open up an estate. Once an estate is opened, the personal representative will need to follow a certain priority list to pay claims. For instance, funeral bills get paid before certain other creditors, medical expenses of his last illness go before credit cards and so forth. After all valid claims are paid, then the intestate laws specify how remaining funds (if any) are allocated among surviving family members.

It may be a good idea to have an attorney help with the estate, but if you chose to do this yourself note that Maryland does have a streamlined process for small estates which involves less paperwork and administrative hassle.