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How will my estate be distributed if I die without a Will in Maryland?

Nicole K. White, Esq.


According to the Maryland Register of Wills website , if you die without a Will (intestate), your property will be distributed to your surviving relatives based on Maryland state law.

If you are survived by:

  1. Spouse and your minor children - spouse receives one-half, children share remaining one-half
  2. Spouse and your children (all adult) - spouse receives $15,000 plus one-half of remaining estate-children divide balance (the interest of a predeceased child passes to the children or grandchildren of that child)
  3. Your children only - children (does not include step-children) divide entire estate (the interest of a predeceased child passes to the children or grandchildren of that child)
  4. Spouse and your parents - spouse receives $15,000 plus one-half of remaining estate-both parents divide balance or surviving parent takes balance
  5. Spouse of the decedent (without other heirs listed above) - spouse receives entire estate
  6. Your parents (without any of the heirs listed above) - both parents divide entire estate or surviving parent takes all
  7. Your brothers/sisters (without any of the heirs listed above) - brothers and sisters divide estate equally (share of deceased sibling goes to their children or grandchildren (i.e., nieces and nephews of the person who died)
  8. Your grandparents (without any of the heirs listed above) - grandparents divide entire estate or, if deceased, to their children or grandchildren
  9. Your great-grandparent (without any of the heirs listed above) - great-grandparents divide entire estate or, if deceased, to their children or grandchildren
  10. Your step-children - if there are no heirs listed above
  11. No living heirs or step-children - If the person who died 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.

To ensure your assets and property are distributed the way you want, make sure you have an up-to-date estate plan.

 

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This article is provided as an educational service by Kinsey Law Group, P.C. and is not intended to, and nor does it, constitute legal advice. The use of this site does not create an attorney-client relationship. The Kinsey Law Group cannot guarantee that the information on or linked to the website is correct, complete, or current. Contacting the Kinsey Law Group does not create an attorney-client relationship. Do not transmit time-sensitive or urgent information through e-mail or the law firm's website.

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