MD Executor Guide
Maryland Intestacy Laws: Who Inherits When There Is No Will
The rule almost everyone assumes — that a surviving spouse simply inherits everything — is not what Maryland’s statute says.
Maryland turns first on whether a child is a minor — not on whose child it is
Maryland’s rule is structured differently from its neighbours, and the trigger surprises people. Under § 3-102 the surviving spouse or registered domestic partner takes the entire intestate estate, subject to two exceptions. The first is a surviving minor child: if there is one, the share is one half — and that applies even where the child is also the spouse’s. Only if there is no surviving minor child does the question of whose children they are arise at all.
The spouse’s share, situation by situation
| If this describes the family | What the surviving spouse takes |
|---|---|
| There is a surviving minor child | The spouse or registered domestic partner takes one half. This applies whether or not the child is also theirs. |
| No minor child, but surviving issue who are not the spouse’s | The spouse takes the first $100,000 plus one-half of the residue. |
| No minor child, and all surviving issue are the spouse’s | The spouse takes the entire intestate estate. |
| No surviving issue | The spouse takes the entire intestate estate. |
These are the statutory defaults for the intestate estate — the assets that pass under the will-substitute rules, not assets with a named beneficiary or a right of survivorship, which pass outside it entirely.
Who inherits if there is no spouse (or beyond the spouse’s share)
What does not pass to the spouse is divided equally among the surviving issue, by representation (§ 3-103). Where there is no surviving issue, spouse or registered domestic partner, § 3-104 distributes to the parents equally, then to the surviving parent, then to the issue of the parents by representation, then one half to each pair of grandparents or their issue. One drafting point worth knowing: § 3-102(d) provides that the net estate is calculated without a deduction for the inheritance tax.
Maryland intestacy calculator
Describe the family and this applies the statutory formula. It is arithmetic, not advice — and it assumes an ordinary case:
Estimate only. It applies the headline formula to an ordinary case and ignores disqualification rules, adopted and posthumous children, survivorship requirements, the elective share, advancements, and debts and expenses that come off before any of this. A Maryland attorney can tell you what a specific estate actually does.
The point of the exercise: intestacy is a statutory default, not a reading of what the person would have wanted. Where the result above is not what the family expects, that gap is the reason to have a will — and, for the estate already in front of you, the reason to get the distribution confirmed before you pay anyone.
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Frequently asked questions
Who inherits if there is no will in Maryland?
The estate passes under Md. Code, Est. & Trusts §§ 3-102 to 3-104. The surviving spouse or registered domestic partner takes a share fixed by statute, and what remains is divided equally among the surviving issue by representation, or, where there is no issue, to parents, then the issue of the parents, then the grandparents’ side.
Does a surviving spouse get everything in Maryland?
Often, but two exceptions cut it. Under § 3-102 the spouse takes the entire intestate estate unless there is a surviving minor child, in which case the share is one half, or unless there is surviving issue who are not the spouse’s, in which case the share is the first $100,000 plus one-half of the residue.
Why does it matter whether a child is a minor in Maryland?
Because Maryland keys the first exception to minority rather than to parentage. A single surviving minor child reduces the spouse’s share to one half even where that child is also the spouse’s — a result that surprises most families, and one that differs from how New Jersey and Pennsylvania structure the same question.
Is the inheritance tax deducted before the shares are worked out?
No. § 3-102(d) provides that for the purposes of the spouse’s share the net estate is calculated without a deduction for the tax as defined in the Tax-General Article. It is a small drafting point that changes the arithmetic on a taxable estate.
Does intestacy apply to everything the person owned?
No, and this is the distinction that decides most estates. Intestacy governs the probate estate. Assets with a named beneficiary — life insurance, retirement accounts, transfer-on-death and payable-on-death registrations — and assets held with a right of survivorship pass outside the estate entirely, to the named person, regardless of what the intestacy statute says. It is common for the intestate estate to be a small fraction of what the person actually owned.
Can the family agree to divide it differently?
The statute sets what each heir is entitled to receive, and a personal representative who distributes against it is exposed. Adult beneficiaries can, separately, choose what to do with their own shares once received, and there are formal mechanisms such as a disclaimer with their own strict requirements and deadlines. That is a conversation to have with an attorney before anything is paid out, not after.