# Estates and Trusts (GET)

## Title 3. Intestate Succession and Statutory Shares

### Subtitle 3. Statutory Share of Pretermitted Child and Issue

#### Section 3-301

(a) A will may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator except under the circumstances referred to in Sec. 4-105(3) of this article.

(b) A child described in subsection (a) of this section or issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with Sec.Sec. 3-302 and 3-303 of this subtitle, if:

  (1) The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will;

  (2) The child was born, adopted, or legitimated after the execution of the will;

  (3) The child, or the child's issue, survive the testator; and

  (4) The will does not expressly state that the child, or the child's issue, should be omitted.

#### Section 3-302

(a) A child permitted to share in the estate of a decedent under Sec. 3-301 of this subtitle shall receive from the personal representative an amount equal to the lesser of:

  (1) The distribution which the child would have taken in the event of intestacy; or

  (2) The value of all legacies to children of the testator and issue of deceased children divided by the total number of children of the testator who survive the testator and deceased children leaving issue who take under this subtitle, including the pretermitted child.

(b) The issue of a pretermitted child who did not survive the testator may take the amount by representation.

#### Section 3-303

(a) Property distributed pursuant to Sec. 3-302 of this subtitle shall be paid by the personal representative from the legacies of children of the testator and issue of deceased children who take by representation.

(b)

  (1) Each person shall contribute in the proportion which the person's legacy bears to all legacies of children of the testator and issue of deceased children taking by representation.

  (2) Instead of contributing an interest in specific property to the pretermitted child, a legatee may pay the pretermitted child or the child's issue, in cash or other property acceptable to the pretermitted child or the child's issue, an amount equal to the fair market value of the interest in specific property as of the date of death of the testator.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)