Spouse and minor children of the decedent- spouse receives one-half, children share remaining one-half
Spouse and children (all adult) of the decedent- spouse receives $40,000 ($15,000 if date of death is prior to 10/1/2017) plus one-half of remaining estate – children divide balance (the interest of a predeceased child passes to issue of that child)
Children only of the decedent- children (does not include step-children) divide entire estate (the interest of a predeceased child passes to issue of that child)
Spouse and parents of the decedent when married less than 5 years- spouse receives $40,000 ($15,000 if date of death is prior to 10/1/2017) plus one-half of remaining estate – both parents divide balance or surviving parent takes balance
Spouse and parents of the decedent when married 5 or more years- spouse receives entire estate (*This is new in 2020.)
Spouse of the decedent without other heirs listed above- spouse receives entire estate
Parents of the decedent without other heirs listed above- both parents divide entire estate or surviving parent takes all
Brothers/sisters of the decedent without heirs listed above- brothers and sisters divide estate equally (share of deceased sibling goes to their issue-nieces and nephews of the decedent)
Grandparents without other heirs listed above- grandparents divide entire estate or, if deceased, to their issue (see applicable law for details)
Great-grandparent without other heirs listed above- great-grandparents divide entire estate or, if deceased, to their issue (see applicable law for details)
Step-children- if there are no heirs listed above
No living heirs or step-children- if decedent 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.
