INTESTATE SUCCESSION – WHO INHERITS IF A DECEDENT DIED WITHOUT A WILL
When an individual dies without a valid Last Will and Testament or other testamentary writing, they are deemed to have died “intestate.” Their probate estate will be distributed according to Maryland’s intestate succession law, which generally follows bloodlines and degrees of consanguinity to determine who has priority to inherit.
Maryland’s intestacy law has changed over time, so please consult the table below, which is based on the date of death of a decedent:
| 10/1/23 to Present | |||
|---|---|---|---|
| Surviving Minor Child: Spouse or Registered Domestic Partner ½ and Minor (and other Children) ½ |
Surviving Adult Children of both the Decedent and Surviving Spouse or Registered Domestic Partner: Whole Estate |
Surviving Adult Children of Decedent not also Children of the Surviving Spouse or Registered Domestic Partner Spouse or Registered Domestic Partner - First $100,000 plus ½ of residue Children - Balance of residue |
NOTE: Parents no longer receive if there is a Surviving Spouse or Registered Domestic Partner |
| 10/01/19 to 9/30/2023 | |||
| Surviving Minor Child: Spouse - ½ Minor (and other) Children - ½ |
No surviving Minor Child, but surviving Children: Spouse - First $40,000 plus ½ of residue Children - Balance of residue |
No surviving Children, but surviving Parent:
|
No surviving Children or Parent: Whole Estate |
| 10/01/17 to 9/30/19 | |||
| Surviving Minor Child: Spouse ½ and Minor (and other Children) ½ |
No surviving Minor Child, but surviving Children: Spouse - First $40,000 plus ½ of residue Children - Balance of residue |
No surviving Children, but surviving Parent: Spouse - First $40,000 plus ½ of residue Parents - Balance of residue |
No surviving Children or Parent: Whole Estate |
| 7/1/82 to 09/30/17 | |||
| Surviving Minor Child: Spouse ½ and Minor (and other Children) ½ |
No surviving Minor Child, but surviving Children: Spouse - First $15,000 plus ½ of residue Children - Balance of residue |
No surviving Children, but surviving Parent: Spouse - First $15,000 plus ½ of residue Parents - Balance of residue |
No surviving Children or Parent: Whole Estate |
| 7/1/78 to 6/30/82 | |||
| Surviving Children: Spouse ½ and Children ½ |
No surviving Children but surviving Parents: Spouse ½ and Parents ½ |
No surviving Children or surviving Parents: Whole Estate |
|
| Until 6/30/78 | |||
| Surviving Children: Spouse 1/3 and Children 2/3 |
No surviving Children, but Surviving Parents: Spouse ½ and Parents ½ |
No surviving Children or Parents, but Brothers and/or Sisters, or Children of Brothers/Sisters: $4,000 plus ½ of residue |
No Children, Parents, Brothers, Sisters or Children of Brothers and/or Sisters: Spouse receives whole estate |