MD estate risk
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.
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 to consider 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
Background 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.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Maryland
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for Maryland
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.