Affidavit of Heirship in Maryland
Whether Maryland lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Surviving spouse (or registered domestic partner): the whole estate if there are no surviving children or other descendants; one-half if the decedent left a minor child; Md. Code, Estates & Trusts §§ 3-102, 3-103, 3-104
| Who inherits without a will | Surviving spouse (or registered domestic partner): the whole estate if there are no surviving children or other descendants; one-half if the decedent left a minor child; if there is no minor child but there are descendants who are not also the spouse's descendants, the first $100,000 plus one-half of the rest. Whatever the spouse does not take goes equally to the decedent's descendants by representation (all of it to descendants if there is no spouse). With no spouse or descendants: to parents (equally, or all to the survivor), then to the parents' descendants (siblings and their children), then split between the grandparent lines, then to stepchildren. Descendant shares: § 3-103 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-103&enactments=false); no spouse or descendants: § 3-104 (https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-104&enactments=false). |
|---|
More Maryland estate law
- Medical Power of Attorney in Maryland
- Small Estate Affidavit in Maryland
- Power of Attorney in Maryland
- Quitclaim Deeds and Transferring Property in Maryland
- Who Inherits If You Die Without a Will in Maryland
- How to Make a Valid Will in Maryland
- How Probate Works in Maryland
- Living Wills and Advance Directives in Maryland
- Revocable Living Trusts in Maryland
- Executor Duties in Maryland
- Letters Testamentary in Maryland
- How to Avoid Probate in Maryland
- Transferring a Car After Someone Dies in Maryland
- All Maryland wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in Maryland?
Surviving spouse (or registered domestic partner): the whole estate if there are no surviving children or other descendants; one-half if the decedent left a minor child; if there is no minor child but there are descendants who are not also the spouse's descendants, the first $100,000 plus one-half of the rest. Whatever the spouse does not take goes equally to the decedent's descendants by representation (all of it to descendants if there is no spouse). With no spouse or descendants: to parents (equally, or all to the survivor), then to the parents' descendants (siblings and their children), then split between the grandparent lines, then to stepchildren.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.