Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. Maryland's intestacy statutes (Est. & Trusts § 3-102, Est. & Trusts § 3-104) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among your issue by representation, per stirpes (Est. & Trusts § 1-210), with the family allowance coming from the estate (Est. & Trusts § 3-201). Assets that pass outside probate (a funded Trust, beneficiary designations, property held with right of survivorship) follow their own rules, not intestacy.
Who inherits under Maryland law
- Spouse, no descendants — the surviving spouse inherits the entire intestate estate (Est. & Trusts § 3-102).
- Spouse and a minor child — where a minor child survives, the surviving spouse or registered domestic partner inherits one-half (Est. & Trusts § 3-102), the rest passing to the issue by representation.
- Blended family — where no minor child survives but the decedent leaves issue who are not the spouse's or partner's, the spouse or partner takes the first $100,000 plus one-half of the rest (Est. & Trusts § 3-102), and the issue take the remainder by representation (Est. & Trusts § 1-210).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (Est. & Trusts § 3-104).
The spouse's share and minor children
In Maryland, when there is no will, a surviving spouse or registered domestic partner takes the whole estate — one-half where a minor child survives, and the first $100,000 plus one-half of the rest where there is issue who is not the spouse's or partner's (Est. & Trusts § 3-102). The family allowance comes from the estate (Est. & Trusts § 3-201). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of Maryland as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Maryland attorney can help you put a plan in place.
General information about Maryland law, not legal advice.
Frequently asked questions
- Who inherits in Maryland without a will?
- The surviving spouse or registered domestic partner takes the entire estate — one-half where a minor child survives, or the first $100,000 plus one-half of the residue where issue survive who are not the spouse's or partner's (Est. & Trusts § 3-102). The rest goes to the issue by representation (Est. & Trusts § 3-103); with none, to the parents, their issue and then the grandparents' lines (Est. & Trusts § 3-104).
- How is a Maryland intestate estate divided among grandchildren?
- By representation, per stirpes: one share for each surviving child and one for each child who died leaving issue, with the same pattern repeated down each line (Est. & Trusts § 1-210(b)).
- What if an heir dies soon after the decedent?
- A relative who fails to survive the decedent by 30 full days is treated as having died first for intestate succession (Est. & Trusts § 3-110).
General information about Maryland law, not legal advice.