Maryland Estate Tax

Maryland Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Maryland — exactly who inherits under Maryland’s intestate-succession law, and what surprises families most. All shares are from Maryland statute, verified as of June 2026.

Who Inherits When There Is No Will in Maryland

Here is exactly how Maryland divides an estate when there is no will:

If the person leaves… Who inherits in Maryland
Spouse, no children The surviving spouse or registered domestic partner receives the entire net intestate estate under Section 3-102(a).
Spouse + shared children Under Section 3-102, if all surviving children are also children of the surviving spouse AND all are adults (age 18 or older), the surviving spouse receives the entire intestate estate — neither exception (b) nor (c) applies, so subsection (a) controls. If any shared child is a minor (under 18), the surviving spouse receives one-half under Section 3-102(b), and the children share the other one-half by representation per stirpes under Section 3-103.
Spouse + children from another relationship If there is no surviving minor child but there are surviving descendants who are NOT children of the surviving spouse (e.g., the decedent’s children from a prior relationship), the surviving spouse receives the first 100000 plus one-half of the residue under Section 3-102(c). The decedent’s children share the remainder by representation per stirpes under Section 3-103. If any child (whether shared or not) is a minor, the spouse receives one-half under Section 3-102(b) instead, and all children share the other half equally by representation.
Children, no spouse The children (issue) inherit the entire net intestate estate, divided equally among them by representation per stirpes under Sections 3-101 and 3-103. If a child predeceased the decedent but left descendants, those descendants take their parent’s share equally.
No spouse, no children Under Section 3-104, the estate passes in this order: (1) to the surviving parents equally, or to the sole surviving parent; (2) if no parents survive, to the issue of the parents (siblings and their descendants) by representation per stirpes; (3) if no parents or siblings or their descendants survive, one-half to surviving paternal grandparents equally (or to the survivor, or if none to their issue by representation) and one-half to surviving maternal grandparents equally (or to the survivor, or if none to their issue by representation).
No living relatives (escheat) Under Section 3-105, if no person is entitled to inherit under Sections 3-102 through 3-104, the estate escheats to the State. If the decedent was receiving long-term care benefits under the Maryland Medical Assistance Program at the time of death, the net estate is paid to the Maryland Department of Health. Otherwise, the net estate is paid to the board of education in the county where the letters of administration were granted, for the use of the public schools in that county.

These shares come from Maryland intestate-succession law (Maryland Code, Estates and Trusts Article, Title 3, Subtitle 1 (Sections 3-101 through 3-110)).

How Maryland divides shares among descendants: Maryland distributes by representation per stirpes, as defined in Section 1-210 of the Estates and Trusts Article. The estate is divided into as many equal shares as there are surviving children plus deceased children who left surviving descendants. Each surviving child takes one share; descendants of a deceased child split that child’s share equally among themselves.

Maryland homestead and family allowance: Under Section 3-201, the surviving spouse or registered domestic partner is entitled to a family allowance of 10000 for personal use. Each unmarried child of the decedent under age 18 at the time of death receives 5000. These allowances are paid by the personal representative and have priority over most other estate claims. They are in addition to any property passing by will or intestacy.

Half-blood relatives in Maryland: Under Section 1-204, a relative of the half blood has the same status as a relative of the whole blood of the same degree. Half-siblings inherit equally with full siblings — Maryland makes no distinction.

Assets That Pass Outside Maryland Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside of Maryland intestate succession rules and are not part of the probate estate.

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Other Maryland intestacy rules: Maryland recognizes registered domestic partners with the same intestacy rights as surviving spouses under Section 3-102. Maryland imposes a 30-day survival requirement under Section 3-110 — any heir who does not survive the decedent by 30 full days is treated as having predeceased the decedent.

Maryland has a distinctive rule where adult shared children of the surviving spouse do not reduce the spouse’s share — only surviving minor children (Section 3-102(b)) or surviving issue who are not issue of the surviving spouse (Section 3-102(c)) trigger a reduced spousal share. Maryland also has a two-track escheat system under Section 3-105 that distinguishes Medicaid long-term care recipients from other decedents.

What Dying Without a Will in Maryland Really Means

When someone dies without a will in Maryland, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Maryland divides an estate when someone is dying without a will in Maryland, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Maryland helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Maryland depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Maryland, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

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Official Maryland Sources & Resources

This Maryland intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Maryland Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.