Who inherits my property if I live in Maryland and die without a will?
What does it mean to die “intestate” in Maryland?
Dying without a will is also known as dying “intestate,” meaning without a Last Will and Testament. If you don’t have a will, Maryland state laws of intestacy control what happens to your estate. In other words, if you don’t have a plan for your possessions, the government has a plan. That government plan is the default unless you put your wishes into a will and that will is executed properly.
Working with an estate planning attorney is the best way to ensure your will is executed properly and will stand up in probate court, after you are no longer present to make your wishes known.
An estate planning attorney can also work with you to come up with strategies to avoid probate and make administering your estate easier for those you leave behind.
Who receives my Maryland estate if I die without a will?
Title 3 of the Maryland Estates and Trusts Code has provisions on intestate succession (§ 3-102 through § 3-112). Those provisions govern what happens to your estate if you die intestate. Generally speaking,
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Your entire estate goes to your spouse or registered domestic partner. MD Estates and Trusts Code § 3-102(a), § 3-103 (2025).
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Half of your estate goes to your spouse or registered domestic partner, and the other half is split, per stirpes, between all of your “surviving issue”. MD Estates and Trusts Code § 3-102(b) , § 3-103 (2025). These are your lineal descendants.
Per stirpes is a Latin term referring to the stem or stalk of a plant—in this case, your family tree. A per stirpes distribution means that that each branch stemming from you gets an equal share. So if you have two children, A and B, and B dies before you but leaves behind surviving children c and d, then A’s branch and B’s branch get equal shares of 50% and B’s surviving children split B’s 50% equally. So in the end, of the portion of the estate that goes to your surviving issue, child A gets 50% and grandchildren c and d each get 25%.
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If you are married or have a registered domestic partner and have surviving issue (lineal descendants) who are not related to your spouse or domestic partner:
Your spouse or registered domestic partner first gets $100,000, then the remainder of the estate is split in half between your spouse or partner and all of your surviving issue (lineal descendants), per stirpes. MD Estates and Trusts Code § 3-102(c), § 3-103 (2025).
Per stirpes is a Latin term referring to the stem or stalk of a plant—in this case, your family tree. A per stirpes distribution means that that each branch stemming from you gets an equal share. So if you have two children, A and B, and B dies before you but leaves behind surviving children c and d, then A’s branch and B’s branch get equal shares of 50% and B’s surviving children split B’s 50% equally. So in the end, of the portion of the estate that goes to your surviving issue, child A gets 50% and grandchildren c and d each get 25%.
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Your entire estate is split equally between all of your surviving issue (lineal descendants), per stirpes. MD Estates and Trusts Code § 3-103 (2025).
Per stirpes is a Latin term referring to the stem or stalk of a plant—in this case, your family tree. A per stirpes distribution means that that each branch stemming from you gets an equal share. So if you have two children, A and B, and B dies before you but leaves behind surviving children c and d, then A’s branch and B’s branch get equal shares of 50% and B’s surviving children split B’s 50% equally. So in the end, of the portion of the estate that goes to your surviving issue, child A gets 50% and grandchildren c and d each get 25%.
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Your estate would then be distributed equally between your surviving parents, all going to one parent if that parent survives. MD Estates and Trusts Code § 3-104(a)(1)-(a)(2) (2025).
However, there are exceptions in the case of a parent who has been convicted of or committed certain acts of abuse, neglect, assault, homicide, or abandonment. Those provisions exist to protect children and spouses from an abusive family member and ensure that the abuser does not profit from their child’s intestate estate. MD Estates and Trusts Code § 3-111 (2025).
If neither of your parents are surviving, then your estate is distributed equally among their surviving issue, by representation. MD Estates and Trusts Code § 3-104(a)(3) (2025).
By representation is different from per stirpes and means that shares are split equally by survivors within each generation. So for example, if you die and are survived only by your siblings, and their children, and you have two surviving siblings, one predeceased sibling with two surviving children, and one predeceased sibling with one surviving child, then your two surviving siblings each get 25% of your estate and the nieces and nephews who survive your predeceased siblings each split 1/3 of the remaining 50% of the estate. That’s a fairly simple example, but you can imagine how it can get a lot more complicated! That’s why you should work with an attorney to figure it out.
If neither of your parents or their issue (lineal descendants) are surviving, then Maryland law says the line of inheritance up to your surviving grandparents and then down through all of their surviving issue (lineal descendants). MD Estates and Trusts Code § 3-104(c) (2025).
Lastly, if there are no surviving blood relatives, then the estate goes to your step-children, and their issue (lineal descendants), per stirpes.
Wait, so you’re saying a distant relative could receive my estate before my stepchild?
Yes, possibly! That is why it’s important to have an estate plan, including a will, and to keep that estate plan updated as your family and financial circumstances change. This is especially important for circumstances such as blended families, where the statutory language may not reflect the personal bonds and relationships that we hold dear. You should contact an estate planning attorney to ensure that the people you care about most are taken care of when you’re no longer here.
What if I don’t have step-children, and I’m not survived by any blood relatives related to me through my grandparents who are eligible to inherit my estate?
Then your estate would go to the government! This is called “escheat,” and is an old English common law doctrine that means unclaimed property reverts to the government. Under Maryland law, if you die intestate without any heirs, all your assets will be converted to cash (sold) and go to either the Maryland Department of Health, if you were receiving long term care benefits under the Maryland Medical Assistance Program, or to the board of education in your Maryland county. MD Estates and Trusts Code § 3-105 (2025).
If you don’t have any surviving heirs and would like for your Maryland estate to go anywhere else, you should contact an attorney to craft your estate plan.
