Should you pass without a Will or Trust, your assets will go to your closest relatives under the intestate succession laws for Maryland. The distribution depends on whether you are married and
if you have children.
On October 1, 2023, Maryland reformed its current intestacy laws. Under previous law, if the surviving adult children of the decedent are not also children of the surviving spouse, the surviving spouse would receive $40,000 plus one-half of the remainder and surviving children would receive the other one-half remainder. The new law provides that under this same scenario, the surviving spouse receives $100,000 plus one-half of the remainder and surviving children would receive the other one-half remainder.
Under previous law, if the surviving adult children are both the children of the decedent and surviving spouse, the surviving spouse would receive $40,000 plus one-half of the remainder and
surviving children would receive the other one-half remainder. The new law provides that under the same scenario, the surviving spouse receives one hundred percent (100%) of the estate.
Under previous law, if there were no children but surviving parents and the decedent and the surviving spouse were married for less than five years, the surviving spouse would receive $40,000 plus one-half of the remainder and surviving parents would receive the other one-half remainder. If the decedent and the surviving spouse were married for more than five years, the
surviving spouse receives one hundred percent (100%) of the estate. The new law eliminates the distinction between the duration of marriages and provides that the surviving spouse receives one hundred percent (100%) of the estate.
A useful table of the prior and current laws, including the intestate shares for domestic partners and great-grandparents and their descendants, can be found on the Register of Wills website.
The biggest takeaway is that you can combat these intestate succession laws by creating an estate plan so that you are making these important decisions concerning your assets rather than
allowing the State to decide where your assets will go upon passing.
