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Intestate Succession Laws in Maryland

In Maryland, a surviving spouse or registered domestic partner inherits the entire estate unless there is a surviving minor child (then one-half) or there are adult descendants who are not the spouse's (then the first $100,000 plus one-half of the balance). Maryland is not a community property state.

Last checked . General information, not legal advice.

Maryland at a glance

Spouse share with shared children
Entire estate, or 1/2 if a minor child survives
If no minor child survives but there are descendants who are not the spouse's: first $100,000 plus 1/2 of the residue.
Spouse takes all with shared children
Yes, unless a minor child survives
Spouse share with parents, no descendants
Entire estate
Surviving parents do not reduce the spouse's share.
Community property state
No

Sources

Last checked

The rules in Maryland

How much does a surviving spouse inherit in Maryland when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Maryland: Entire estate, or 1/2 if a minor child survives. If no minor child survives but there are descendants who are not the spouse's: first $100,000 plus 1/2 of the residue.

Does a surviving spouse in Maryland inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes, unless a minor child survives. Spouse takes all with shared children in Maryland: yes, unless a minor child survives.

How much does a surviving spouse inherit in Maryland when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Maryland: Entire estate. Surviving parents do not reduce the spouse's share.

Is Maryland a community property state?

No. Community property state in Maryland: no.

Where do the Maryland intestate succession laws come from?

The rules above come from Md. Code, Est. & Trusts 3-102. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.