MD risk area
Intestacy risk in Maryland
How assets are distributed when there is no will and state default rules control the outcome.
Maryland intestacy gives the surviving spouse a share based on whether there is a surviving minor child or issue who are not the spouse’s, with the remainder passing to descendants or other relatives.
At a glance
Key takeaways
- If there is a surviving minor child, the spouse receives one-half of the intestate estate.
- If there is no surviving minor child but there is surviving issue not of the spouse, the spouse receives the first $100,000 plus one-half of the residue.
- If neither of those conditions applies, the spouse receives the entire intestate estate.
- Any remaining estate passes to surviving issue by representation; if no issue, to parents, then siblings, then more remote relatives in statutory order.
Questions to consider
Questions this risk area helps you evaluate in Maryland
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Maryland intestacy gives the surviving spouse a share based on whether there is a surviving minor child or issue who are not the spouse’s, with the remainder passing to descendants or other relatives.
- If there is a surviving minor child, the spouse receives one-half of the intestate estate.
- If there is no surviving minor child but there is surviving issue not of the spouse, the spouse receives the first $100,000 plus one-half of the residue.
- If neither of those conditions applies, the spouse receives the entire intestate estate.
- Any remaining estate passes to surviving issue by representation; if no issue, to parents, then siblings, then more remote relatives in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://mgaleg.maryland.gov/2024RS/Statute_Google/get/3-102.pdf
- https://law.justia.com/codes/maryland/estates-and-trusts/title-3/subtitle-1/section-3-103/
- https://law.justia.com/codes/maryland/estates-and-trusts/title-3/subtitle-1/section-3-104/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-maryland.html
- https://law.justia.com/codes/maryland/estates-and-trusts/title-3/subtitle-1/section-3-101/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Maryland.