Maryland Intestacy

How property owned individually is distributed in Maryland if a person dies without a will.

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

  • Surviving spouse gets first $15,000 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, children or other descendants 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 estate. (Grandchildren take their deceased parent’s share).

Married person without child, children or other descendants.

  • Surviving spouse gets first $15,000.
  • 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. (Descendant of a deceased brother or sister take their deceased parents share.)
  • If no surviving parents, and no bothers and sisters, then all equally to collateral relatives within an equal degree of relationship (e.g. aunts and uncles).
  • 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.

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