Home » Wills » Intestate Succession


“How will My Estate be distributed if I die without a Will?”

IF THE DECEDENT IS SURVIVED BY:

  • Spouse and minor children of the decedent- spouse receives one-half, children share remaining one-half
  • Spouse and children (all adult) of the decedent-spouse receives $15,000 plus one-half of remaining estate-children divide balance (the interest of a predeceased child passes to issue of that child)
  • Children only of the decedent-children (does not include step-children) divide entire estate (the interest of a predeceased child passes to issue of that child)
  • Spouse and parents of the decedent- spouse receives $15,000 plus one-half of remaining estate-both parents divide balance or surviving parent takes balance
  • Spouse of the decedent without other heirs listed above-spouse receives entire estate
  • Parents of the decedent without other heirs listed above-both parents divide entire estate or surviving parent takes all
  • Brothers/sisters of the decedent without heirs listed above-brothers and sisters divide estate equally (share of deceased sibling goes to their issue-nieces and nephews of the decedent)
  • Grandparents without other heirs listed above-grandparents divide entire estate or, if deceased, to their issue (see applicable law for details)
  • Great-grandparent without other heirs listed above-great-grandparents divide entire estate or, if deceased, to their issue (see applicable law for details)
  • Step-children-if there are no heirs listed above
  • No living heirs or step-children-If decedent was a recipient of long-term care benefits under the Maryland Medical Assistance Program at time of death, net estate is paid to Department of Health and Mental Hygiene. Otherwise, the net estate is paid to the Board of Education.

Intestate Succession laws provided by the
Register of Wills for Maryland