MD risk area
Complexity triggers in Maryland
Scenarios that increase estate risk, such as blended families or multi-state property.
Maryland provides a fixed family allowance and a spousal elective share that varies based on surviving issue.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- The surviving spouse may elect one-third of the estate subject to election if there is surviving issue, or one-half if not.
- A family allowance is available for the surviving spouse and minor children.
Questions to consider
Questions this risk area helps you evaluate in Maryland
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Maryland provides a fixed family allowance and a spousal elective share that varies based on surviving issue.
- The surviving spouse may elect one-third of the estate subject to election if there is surviving issue, or one-half if not.
- A family allowance is available for the surviving spouse and minor children.
Sources
- https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?archived=False&article=get&enactments=False§ion=3-403
- https://mgaleg.maryland.gov/2024RS/Statute_Google/get/3-201.pdf
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Maryland.