Intestacy Laws in Maryland (2026): Your Inheritance Wake-Up Call

Most people assume their family will figure it out. They won’t write a will. They’ll just assume everything goes to the right people. But in Maryland, that assumption can cost your loved ones a lot.

Intestacy laws decide who gets your stuff when you die without a will. And the rules might not match what you’d actually want. Let’s break it all down.

What Is Intestacy?

When you die without a valid will, you’ve died “intestate.” That word basically means the state steps in and decides who inherits your property. You don’t get a say. Maryland law does. <br>

Think of it like dying with a default setting you never chose. The state has a built-in plan for your estate. It might work out fine. Or it might totally miss the mark.

What Assets Does Intestacy Actually Cover?

Okay, pause. This is important.

Not everything you own goes through intestacy. Maryland’s intestate laws only apply to assets that pass through probate. That’s the legal process of settling your estate.

Many common assets skip probate entirely. Those include things like life insurance policies with a named beneficiary, bank accounts with a “payable on death” designation, retirement accounts like a 401(k) or IRA, and property held in joint tenancy with a right of survivorship.

Those assets go directly to whoever you named. Intestacy laws don’t touch them. So the rules below only apply to what’s left over — property held in your name alone, with no beneficiary named.

Maryland’s Inheritance Hierarchy: Who Gets What

Here’s where things get serious.

Maryland law follows a specific order when deciding who inherits. It starts with the closest relatives and works outward.

If You Have a Spouse and No Children

Easy one. Your spouse gets everything. All of your probate property goes to them.

Pretty straightforward, right?

If You Have a Spouse and Minor Children (Under 18)

This one is split. Your spouse gets half. Your children split the other half equally.

It doesn’t matter if the kids are from this marriage or a previous one. They all share equally in that half.

If You Have a Spouse and Adult Children Who Are Also the Spouse’s Children

Here’s the updated rule from the big 2023 law change. If your adult children are also your surviving spouse’s children, your spouse gets the entire estate. All of it.

The idea is simple. When your spouse eventually dies, the money will pass down to those same kids anyway.

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If You Have a Spouse and Adult Children Who Are NOT the Spouse’s Children

This one matters a lot for blended families. Your spouse gets the first $100,000. Then your spouse gets half of whatever is left. Your children from a previous relationship split the remaining half.

For example, say your estate has $300,000 in probate assets. Your spouse takes $100,000 first. That leaves $200,000. Your spouse gets half of that — another $100,000. Your kids split the final $100,000 between them.

If You Have No Spouse but Have Children

Simple again. Your children inherit everything. They split it equally.

If one of your children has already passed away but had kids of their own, those grandchildren step in and receive their parent’s share.

If You Have No Spouse and No Children

Now the line moves further out. Your parents inherit everything if they’re still alive. If only one parent survives, that parent gets the whole thing.

If neither parent is alive, your siblings inherit everything equally.

If you have no siblings, more distant relatives get in line: grandparents, aunts, uncles, nieces, nephews, and cousins. Maryland law follows a specific order all the way down.

And if there are truly no relatives at all? Your estate “escheats” to the state. It goes to the Maryland Department of Health or the county board of education. But honestly, that’s rare.

The 2023 Law Changes: What’s Different Now

Wait, it gets better. Maryland updated its intestacy laws big time.

The new rules took effect on October 1, 2023. The biggest changes affected surviving spouses.

Before the change, if a spouse had adult children from another relationship, the surviving spouse only got $40,000 plus half of the rest. Now that number jumped to $100,000 plus half of the rest. That’s a massive difference for blended families.

Another big update involves domestic partners. Registered domestic partners are now treated the same as spouses for intestacy purposes. A Domestic Partnership Registry is maintained by Maryland’s Register of Wills. If your partner is registered there, they inherit just like a spouse would.

The law also moved stepchildren up in the order of inheritance. Before, distant great-grandparents or great-aunts and uncles could inherit before stepchildren. Now, if you have no blood relatives, your stepchildren inherit before any of that distant family. That’s a much more modern, fair approach.

Honestly, this is the part most people miss. These are significant changes. If you have a blended family or a domestic partner, this matters to you directly.

The 30-Day Survival Rule

Here’s a rule you probably didn’t know about.

To inherit under Maryland intestacy law, a person must outlive you by at least 30 days. So if you and a sibling are both seriously injured and they die three weeks after you, they wouldn’t inherit anything from you.

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This rule avoids complicated legal situations where property bounces between two estates in rapid succession.

Which Children Qualify Under Maryland Law?

Not sure what counts? Let me break it down.

Biological children and legally adopted children have equal rights. They inherit the same as if you had raised them from birth.

Foster children and stepchildren you never legally adopted do not automatically inherit as your children. However, if you die with no blood relatives at all, stepchildren do move up in line.

Children you placed for adoption with another family cannot inherit from you through intestacy. There’s an exception: if your biological child was adopted by your spouse, they still inherit normally.

Children born outside of marriage can still inherit from you. Maryland recognizes them as your heirs if you married their mother after birth, acknowledged paternity in writing, openly recognized them as your child, or a court determined paternity.

Half-siblings inherit the same as full siblings. A brother or sister who shares only one parent with you has the same rights as a full sibling.

Unmarried Couples: A Critical Gap

You’re not alone — this confuses a lot of people.

If you live with a long-term partner but you’re not legally married and not registered as domestic partners, they get nothing under Maryland intestacy law. Zero. No matter how long you’ve been together.

Your property would go to your blood relatives instead. Your partner would have no legal claim to anything in your probate estate.

This is one of the biggest reasons estate planning matters so much. If you want your partner to inherit, you need a will or a registered domestic partnership.

What About Taxes?

A friend asked me about this last week. Turns out, most people don’t realize Maryland has both an inheritance tax and an estate tax.

The Maryland inheritance tax is 10% for distant relatives and non-family heirs. However, close family members are totally exempt. That includes spouses, children, grandchildren, parents, grandparents, siblings, stepchildren, and stepparents. So in most intestacy situations involving close family, no inheritance tax applies.

Maryland also has a state estate tax. The federal estate tax only kicks in for estates over $15 million in 2026. Maryland’s estate tax applies to smaller estates, so it’s worth understanding if your estate is substantial. The rate ranges from 0.8% to 16% depending on the estate’s size.

How to Avoid Intestacy Altogether

Don’t worry, this part is actually straightforward.

The simplest solution is to write a will. Maryland requires that you be at least 18 years old to make a will. Your will must be in writing. You must sign it in front of two witnesses. Those witnesses must sign it in front of you too.

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Maryland generally doesn’t accept handwritten wills unless you are a member of the U.S. Armed Forces serving overseas.

Beyond a will, you can also name beneficiaries directly on bank accounts, retirement accounts, and life insurance policies. That keeps those assets out of probate entirely.

You can also set up a trust, which gives you even more control and can help your family avoid the probate process completely.

The bottom line? A simple will can save your family a tremendous amount of stress. Take the time to make one.

Frequently Asked Questions

What does “intestate” mean in Maryland? It means dying without a valid will. Maryland’s intestacy laws then decide who inherits your probate estate.

Does my long-term girlfriend or boyfriend inherit anything if I die without a will in Maryland? Not automatically. Unless you are legally married or registered as domestic partners, an unmarried partner has no inheritance rights under Maryland intestacy law.

What if my child died before me but had kids of their own? Their share passes down to their children — your grandchildren. They step into your child’s place and inherit that portion equally.

Can stepchildren inherit from me under Maryland intestacy law? Only if you legally adopted them. However, if you die with no blood relatives at all, stepchildren do inherit before the estate goes to the state.

Does a handwritten will count in Maryland? Generally no. Maryland requires a typed, signed will with two witnesses. Handwritten wills are only recognized in very limited situations for Armed Forces members.

What is the 30-day rule in Maryland intestacy? An heir must survive you by at least 30 days to inherit under Maryland’s intestacy laws.

What happens to my estate if I have no family at all? Your estate escheats to the state — either the Maryland Department of Health or the county board of education where you lived.

Final Thoughts

Now you know the basics. Maryland’s intestacy laws are detailed, and the 2023 updates changed a lot for blended families and domestic partners.

The biggest takeaway? Intestacy is a one-size-fits-all system. It doesn’t know your family’s unique situation. It doesn’t know who you actually care about. Only a will can capture that.

Stay informed, take care of your people, and when in doubt, talk to a Maryland estate planning attorney.