MD estate risk
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 to consider 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/
Background 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.
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.