Title 3. Intestate Succession and Statutory Shares — Subtitle 1. Intestate Succession
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 3-101 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–101LinkCopy Citation
Any part of the net estate of a decedent not effectively disposed of by the decedent’s will shall be distributed by the personal representative to the heirs of the decedent in the order prescribed in this subtitle.
Md. Code Ann., Est. & Trusts § 3-102 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–102LinkCopy Citation
(a)
Subject to subsections (b) and (c) of this section, the share of a surviving spouse or registered domestic partner shall be the entire intestate estate.
(b)
If there is a surviving minor child, the share shall be one–half.
(c)
If there is no surviving minor child, but there is surviving issue who are not issue of the surviving spouse or registered domestic partner, the share shall be the first $100,000 plus one–half of the residue.
(d)
For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7–308 of the Tax – General Article.
Md. Code Ann., Est. & Trusts § 3-103 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–103LinkCopy Citation
The net estate, exclusive of the share of the surviving spouse or registered domestic partner, or the entire net estate if there is no surviving spouse or registered domestic partner, shall be divided equally among the surviving issue, by representation as defined in § 1–210 of this article.
Md. Code Ann., Est. & Trusts § 3-104 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–104LinkCopy Citation
(a)
If there is no surviving issue, spouse, or registered domestic partner, the personal representative shall distribute the net estate, subject to §§ 3–111 and 3–112 of this subtitle, as follows:
(1)
To the surviving parents equally;
(2)
If only one parent survives, to the survivor; or
(3)
If neither parent survives, to the issue of the parents, by representation.
(b)
(1)
If there is no surviving parent or issue of a parent, the net estate shall be distributed:
(i)
One–half to each pair of grandparents equally;
(ii)
If only one grandparent of a pair survives, one–half to the survivor; or
(iii)
If neither grandparent of a pair survives, one–half to the issue of that pair of grandparents, by representation.
(2)
In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one–half share applicable shall be distributed to:
(i)
The other pair of grandparents;
(ii)
The survivor of the other pair of grandparents; or
(iii)
The issue of either of the other pair of grandparents, in the same manner as prescribed for their half share.
(c)
(1)
In this subsection, “stepchild” means the child of any spouse of the decedent, if the spouse was not divorced from the decedent.
(2)
If there is no surviving blood relative entitled to inherit under this section, the net estate shall be divided into as many equal shares as there are:
(i)
Stepchildren of the decedent who survive the decedent; and
(ii)
Stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent.
(3)
(i)
Each stepchild of the decedent who did survive the decedent shall receive one share.
(ii)
The issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1–210 of this article.
Md. Code Ann., Est. & Trusts § 3-105 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–105LinkCopy Citation
(a)
(1)
(i)
The provisions of this subsection are applicable if there is no person entitled to take under §§ 3–102 through 3–104 of this subtitle.
(ii)
The provisions of this subsection do not apply to any portion of a decedent’s estate that is comprised of land that is the subject of an application for a certificate of reservation for public use under Title 13, Subtitle 3 of the Real Property Article.
(2)
(i)
If an individual was a recipient of long–term care benefits under the Maryland Medical Assistance Program at the time of the individual’s death, the net estate shall be converted to cash and paid to the Maryland Department of Health, and shall be applied for the administration of the program.
(ii)
If the provisions of subparagraph (i) of this paragraph are not applicable, the net estate shall be converted to cash and paid to the board of education in the county in which the letters were granted, and shall be applied for the use of the public schools in the county.
(b)
(1)
After payment has been made to the Maryland Department of Health or to the board of education, if a claim for refund is filed by a relative within the fifth degree living at the death of the decedent or by the personal representative of the relative, and the claim is allowed, the claimant shall be entitled to a refund, without interest, of the sum paid.
(2)
A claim for refund under this subsection may not be filed after the later of:
(i)
3 years after the death of the decedent; or
(ii)
1 year after the time of distribution of the property.
Md. Code Ann., Est. & Trusts § 3-106 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–106LinkCopy Citation
(a)
If a decedent dies intestate as to a part of the decedent’s net estate, property which the decedent gave in the decedent’s lifetime to an heir shall be treated as an advancement against the share of the latter of the net estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.
(b)
For this purpose the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property.
(c)
If the recipient of the property fails to survive the decedent, the property shall be taken into account in computing the share of the issue of the recipient.
(d)
An advancement to an heir other than the surviving spouse may not increase the share of the surviving spouse under § 3–102 of this subtitle.
Md. Code Ann., Est. & Trusts § 3-107 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–107LinkCopy Citation
(a)
A child of the decedent who is conceived before the death of the decedent, but born afterwards shall inherit as if the child had been born in the lifetime of the decedent.
(b)
No other after–born relation may be considered as entitled to distribution in the relation’s own right unless:
(1)
The decedent had consented in a written record to use of the decedent’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article;
(2)
The decedent consented in a written record to be the parent of a child posthumously conceived using the person’s genetic material; and
(3)
The child posthumously conceived using the decedent’s genetic material is born within 2 years after the death of the decedent.
Md. Code Ann., Est. & Trusts § 3-108 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–108LinkCopy Citation
The parent or the parent’s relations of a person can inherit only if the person is treated as the child of the parent in accordance with § 1–205(a)(2) or § 1–208 of this article.
Md. Code Ann., Est. & Trusts § 3-109 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–109LinkCopy Citation
A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.
Md. Code Ann., Est. & Trusts § 3-110 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–110LinkCopy Citation
(a)
If a descendant, ancestor, or descendant of an ancestor of the decedent, fails to survive the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent:
(1)
Shall be considered to have predeceased the decedent for purposes of intestate succession; and
(2)
Is not to be entitled to the rights of an heir.
(b)
If the time of death of the decedent or of the descendant, ancestor, or descendant of an ancestor of the decedent, who would otherwise be an heir, or the times of death of both, cannot be determined, so that it cannot be established that the descendant, ancestor, or descendant of an ancestor of the decedent has survived the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent may not be considered to have survived for the required period.
Md. Code Ann., Est. & Trusts § 3-111 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–111LinkCopy Citation
A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a child of the parent if:
(1)
(i)
The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or
(ii)
The parent committed any act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;
(2)
The other parent of the child is the victim of the crime or act described under item (1) of this section; and
(3)
The other parent of the child is a child of the parent.
Md. Code Ann., Est. & Trusts § 3-112 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 1. Intestate Succession
§ 3–112LinkCopy Citation
(a)
A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a minor child of the parent if the parent:
(1)
Abandoned the child; or
(2)
Willfully failed to contribute to the support of the child for at least 3 consecutive years immediately preceding the death of the child or for the life of the child, whichever is less.
(b)
A parent shall be deemed to have abandoned a minor child under subsection (a)(1) of this section if the conduct of the parent demonstrates a settled purpose willfully and intentionally to relinquish all parental rights and duties with respect to the child and to renounce and forsake the child entirely.