Maryland Intestacy

What If I Die Without A Will?

Your individual property passes under Maryland Intestacy as follows:

Married person with a child, children or other descendants over 18 years old.

  • Surviving spouse gets first $40,000 and one-half of the remainder.
  • Child gets the other one-half, if there is more than one child, the children all equally share the one-half. (Grandchildren take their deceased parent’s share).

Married person with a child or children under 18 years old.

  • Surviving spouse gets one-half.
  • Child gets the other one-half; if there is more than one child, the children all equally share the one-half. (Grandchildren take their deceased parent’s share).

Unmarried person with a child, children or other descendants.

  • All to child; if there is more than one child, the children all equally share the one-half. (Grandchildren take their deceased parent’s share).

Married person without child, children or other descendants.

  • Surviving spouse gets first $40,000.
  • If decedent has surviving parents, one-half of remainder to surviving spouse and one-half to surviving parents.
  • If decedent does not have surviving parents, all to the surviving spouse.

Unmarried person without child, children or other descendants.

  • If decedent has surviving parents, all to surviving parents.
  • If no surviving parents, all to brothers and sisters. (Descendants of a deceased brother or sister take their deceased parents share.)
  • If no surviving parents, and no brothers and sisters, then all equally to collateral relatives within an equal degree of relationship (e.g. aunts, uncles, nieces & nephews).
  • If there are no persons entitled to take as mentioned above, the estate passes to the Board of Education in the County where letters of administration were granted.

If you die without a valid will while residing in the State of Maryland, you are said to have died “intestate.” In order to determine who will receive your property if you die intestate, the State of Maryland has established a number of laws (known as “intestacy laws” or “laws of intestate succession.”)

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Phoenix, MD 21131
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