- Married with no children
- If there are no surviving children but there is at least one surviving parent, the surviving spouse’s share is the first $15,000 plus one half of the remainder of the estate. If there is no surviving child or parent, the surviving spouse gets the whole estate.
- Married with child or children
- If there is a surviving minor child, the surviving spouse gets one half of the entire estate; the balance goes to the surviving minor child(ren). If there is no surviving minor child but there is surviving issue, the surviving spouse’s share is the first $15,000 plus one half of the remainder of the estate.
- Order of estate distribution if spouse survives
- 1) surviving spouse
2) surviving child or children - No spouse survives (or the deceased was not married) but there are other relatives
- 1) children or their surviving issue
2) parents or their surviving issue
3) grandparents or their surviving issue
4) great grandparents or their issue
5) if no surviving blood relative, stepchildren of the decedent who survive the decedent or their surviving issue - No surviving relatives
- The estate passes to the state of Maryland. If the decedent was a recipient of long term care benefits under the Maryland Medical Assistance Program at the time of death, any available assets go to the Department of Health and Mental Hygiene. Otherwise, assets go to the Board of Education.
- State link
- http://www.lexisnexis.com/hottopics/mdcode/
Click “I agree” and then go to Title 3, Intestate Succession and Statutory shares. - Special notes
- A relative of half blood has the same status as a relative of whole blood.
A stepchild is the child of any spouse of the decedent if such spouse was not divorced from the decedent.
