What Happens If You Die Without a Will in Maryland?
Without a will in Maryland, descendants divide what passes to them per stirpesMd. Code, Est. & Trusts § 3-103Verified Sep 10, 2026View source, and an heir must survive the decedent by 720 hoursMd. Code, Est. & Trusts § 3-110(a)Verified Sep 10, 2026View source to inherit.
Maryland intestacy law decides. Maryland follows separate property rulesMd. Code, Est. & Trusts § 3-102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Issue of your parents; Grandparents; Stepchildren; Maryland Department of Health or the county board of educationMd. Code, Est. & Trusts § 3-102Verified Sep 10, 2026View source.
The surviving spouse's share in Maryland depends on the family. With no children: Entire estateMd. Code, Est. & Trusts § 3-102Verified Sep 10, 2026View source. With shared children: If minor child survives: 1/2 of estate. If no minor child: entire estateMd. Code, Est. & Trusts § 3-102Verified Sep 10, 2026View source. When a child from a prior relationship survives: If any child is a minor: 1/2 of estate. If all children are adults: first $100,000 plus 1/2 of remaining estateMd. Code, Est. & Trusts § 3-102Verified Sep 10, 2026View source.
Maryland divides per stirpesMd. Code, Est. & Trusts § 3-103Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Maryland requires an heir to survive the decedent by 720 hoursMd. Code, Est. & Trusts § 3-110(a)Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Maryland intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Maryland, however, Registered domestic partnersMd. Code, Est. & Trusts § 2-214(g)(1)(i); § 3-102Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. A stepchild can inherit in Maryland: if there is no surviving blood relative entitled to inherit under § 3-104, the net estate is divided into as many equal shares as there are surviving stepchildren of the decedentMd. Code, Est. & Trusts § 3-104(c)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Maryland will signing requirements set out what a valid will takes.
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Death of a Parent
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Divorce
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Learn moreForms for Planning and Settling an Estate in Maryland
Free Maryland forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Maryland, the petition asks the Register of Wills to appoint the personal representative, whose authority is proved by Letters of Administration; an informal (registrar) track is availableMd. Est. & Trusts § 5-301 et seq. (administrative probate; Register of Wills appointment)Verified Sep 8, 2026View source.
Notice to Creditors
In Maryland, the notice to creditors is published for 3Md. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 6 monthsMd. Est. & Trusts § 8-103Verified Sep 8, 2026View source from the date of death to present claims.
Renunciation of Executor
In Maryland, a person named as personal representative may renounce the right to serveMd. Code, Est. & Trusts § 5-105(c)Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Maryland, the personal representative files the estate inventory within 90 daysET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source of appointment.
Estate Closing
In Maryland, the personal representative is discharged by court orderMd. Est. & Trusts §§ 7-501, 7-502, 6-303Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Maryland, a will is signed before 2Md. Est. & Trusts § 4-102Verified Sep 16, 2026View source witnesses, and it is self-proved when properly executedMd. Est. & Trusts § 4-102Verified Sep 16, 2026View source.
Healthcare Power of Attorney
Maryland requires 2Md. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMd. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source.
Tools for Planning and Settling an Estate in Maryland
Free calculators and checklists for planning or settling an estate in Maryland: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Maryland costs an estimated $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.1%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.3%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Maryland allows you to name your own agent in a signed, written documentMd. Code, Health-General Art. § 5-509(a)Verified Jul 13, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Maryland levies an estate taxMd. Tax-Gen. § 7-309Verified Sep 15, 2026View source above $5,000,000Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source (top rate 16%Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source) and an inheritance taxMd. Tax-Gen. §§ 7-202, 7-203, 7-204Verified Sep 15, 2026View source on beneficiaries; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Maryland, an inheritance is subject to a state inheritance taxMd. Tax-Gen. §§ 7-202, 7-203, 7-204Verified Sep 15, 2026View source at a rate set by the beneficiary's relationship; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Maryland take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates, plus a 2% surtax on the whole gain once federal AGI exceeds $350,000Md. Code, Tax-General § 10-105(a) (graduated rates; (a)(3)-(4) 2% net-capital-gain surtax); § 10-101(e), (g) (definitions of "federal adjusted gross income" and "individual"); § 10-102 (imposition)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Maryland costs an estimated $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.1%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.3%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $50,000Md. Est. & Trusts § 5-601Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Maryland sets executor compensation by statute — about $19,080 on a $500,000 estate, roughly 3.8%Md. Est. & Trusts § 7-601Verified Sep 8, 2026View source.
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Maryland Estate Planning Resources
In-depth guides covering Maryland probate laws, trust requirements, and estate planning strategies.