Intestate Succession in Maryland
State-specific overview · Estate & Probate
Maryland prioritizes the surviving spouse, who receives the entire estate if no children or parents survive the deceased.
How Maryland treats Intestate Succession
A surviving spouse inherits the first $40,000 of the estate plus one-half of the remaining balance if children or parents survive. If only a spouse survives, the spouse takes the entire estate. Maryland uses per stirpes succession for descendants and extends to parents, siblings, and more distant relatives in a fixed statutory order when no spouse or children exist.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maryland.