What Changes the Answer in MarylandProbate assets, family structure, and the governing statute
The calculator is only meaningful once you isolate the probate estate. Beneficiary-designated accounts, trust assets, and survivorship property often never reach intestate succession at all.
Maryland follows its own default inheritance rules, so the answer depends on family structure and which assets are actually part of the probate estate.
Maryland source data cites Md. Code, Estates and Trusts Title 3, Subtitle 1 (Intestate Succession) for this no-will inheritance screen. Verify the current statute and local court process before relying on the calculator result for a filing or distribution decision.
What drives the resultFamily structure, probate assets, and state-specific rules
Family Structure
The result depends on who survives: spouse, descendants, parents, siblings, and sometimes more remote relatives.
Probate Assets Only
Property that already transfers outside court often never reaches the state’s default inheritance rules.
State-Specific Rules
Even when family facts look familiar, the default split can change materially from one state to another.
What to Check Before Relying on the ResultWills, joint ownership, and beneficiary designations to confirm first
Confirm whether there is a valid will, whether property is jointly owned, and whether any accounts already have beneficiary designations. Those issues often matter more than people expect because they can remove property from the intestate pool altogether.
After this step, review asset structure with the estate value calculator, check non-probate transfers with the beneficiary checker, and use the Maryland courts page if the estate will still need local probate handling.
Frequently Asked Questions
Who inherits if there is no will in Maryland?
Does a surviving spouse automatically inherit everything in Maryland?
What happens to assets with no heirs in Maryland?
Does intestate succession apply to all assets?
Official Sources and Further ReadingOfficial references used for this page
- Md. Code, Estates and Trusts Title 3, Subtitle 1 (Intestate Succession) governing intestacy statute
- Read in full at mgaleg.maryland.gov on 2026-10-07 (Maryland prints no catchlines). (a) spouse or registered domestic partner takes the entire intestate estate, subject to (b) one-half if there is a surviving minor child and (c) the first $100,000 plus one-half of the residue if there is no minor child but surviving issue not of the spouse or partner; (d) no deduction for the Tax-General 7-308 tax.
- Read in full at mgaleg.maryland.gov on 2026-10-07 (Maryland prints no catchlines). The net estate, exclusive of the spouse's or partner's share (or all of it if none), is divided equally among the surviving issue by representation under 1-210.
- Read in full at mgaleg.maryland.gov on 2026-10-07 (Maryland prints no catchlines). (a) parents equally, the survivor, or issue of the parents by representation; (b)(1) one-half to each pair of grandparents, the survivor, or that pair's issue; (b)(2) if one pair and its issue all fail, that half goes to the other pair, its survivor, or its issue; (c) if no blood relative is entitled, stepchildren (child of any spouse not divorced from the decedent) and issue of predeceased stepchildren. There is no great-grandparent tier.
- Read in full at mgaleg.maryland.gov on 2026-10-07 (Maryland prints no catchlines). (a) if no one takes under 3-102 to 3-104, the net estate goes to the Maryland Department of Health if the decedent received Medical Assistance long-term care benefits at death, otherwise to the county board of education; (b) refund claim by a relative within the fifth degree, by the later of 3 years after death or 1 year after distribution.
- Read in full at mgaleg.maryland.gov on 2026-10-07 (Maryland prints no catchlines). A relative of the half blood has the same status as a relative of the whole blood of the same degree.
- Md. Code, Est. & Trusts 3-407 (Time for election of elective share)
- Maryland Register of Wills - Intestate Succession
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.