What the rule says
Maryland's intestacy statute, Md. Code Ann., Est. & Trusts § 3-102, distributes the estate of a Maryland decedent who dies without a will. The formula varies based on family structure with several distinctive features:
With descendants surviving
- Spouse and all descendants are minor children of both spouses: The spouse takes the first $40,000 plus one-half of the residue. The minor children take the other half (held by guardian or trust). - Spouse and any adult descendants (whether mutual or from prior relationship): The spouse takes one-half of the estate. Descendants take the other half. - Spouse and at least one minor descendant from prior relationship: The spouse takes one-half. Descendants take the other half. (No $40,000 floor when not all-mutual-minor.)
Without descendants
- Spouse but no descendants, with surviving parent: Spouse takes the entire estate. (Maryland does not give parents a share when the spouse survives — different from many UPC states.) - Spouse but no descendants and no parents: Spouse takes the entire estate.
No spouse
- Descendants take the entire estate by representation.
Why the all-mutual-minor distinction matters
Maryland's $40,000 floor for surviving spouses with all-mutual-minor descendants is a specific policy choice. The framework recognizes that:
- A surviving spouse caring for minor children of the marriage needs more financial support - Adult descendants are presumed less dependent on family resources - Mutual minor children will likely benefit through their custodial parent (the surviving spouse)
The $40,000 floor is in addition to the spouse's one-half share. For a $200,000 estate with all-mutual-minor descendants:
- Spouse takes $40,000 + 50% of $160,000 = $120,000 (60% of estate) - Minor children together take $80,000 (40% of estate)
For the same $200,000 estate with adult descendants:
- Spouse takes $100,000 (50%) - Adult descendants take $100,000 (50%)
What you can do about it
A valid Maryland will gives complete control:
- Maryland will requirements (Md. Code Ann., Est. & Trusts § 4-102). A will must be in writing, signed by the testator, and signed by two credible witnesses. - Maryland does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Md. Code Ann., Est. & Trusts § 3-203, a surviving spouse can elect against the will and take a share of the estate.
Who this affects most
Maryland's intestacy formula is most consequential for:
- Married Maryland residents with mutual minor children, where the $40,000 floor produces a larger spousal share - Households with adult descendants (the floor does not apply) - Surviving spouses where the no-parent-share rule produces favorable outcomes when no descendants survive - Estate planners coordinating Maryland-specific outcomes
Maryland's framework reflects specific policy judgments about minor children and adult descendants. A will is the only mechanism to direct different distribution.