Who Inherits If You Die 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.

Maryland uses an augmented-estate elective share. A surviving spouse may elect one-third of the 'estate subject to election' if the decedent left descendants, or one-half if not, in each case reduced by the value of benefits the spouse already receives. The augmented estate includes the probate estate, revocable trusts, property the decedent could dispose of, qualifying joint interests and certain lifetime transfers. The election must be filed in writing with the court within the later of 9 months after death or 6 months after the first appointment of a personal representative (extensions of up to 3 months at a time for good cause). The right can be waived by a signed written agreement before or after marriage.

Maryland does not use a collect-by-affidavit procedure. Instead it has 'small estate' administration through the Register of Wills: available when the property subject to administration in Maryland is worth $50,000 or less, or $100,000 or less if the surviving spouse is the only heir or legatee. Value is fair market value minus debts secured by the property. Real estate counts toward the limit and may be included. There is no waiting period; the petition can be filed any time after death.