About Maryland,
Maryland follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Maryland intestate law (Md. Code, Estates & Trusts § 3-102) determines your share. The small-estate threshold is $50,000, or $100,000 if the surviving spouse is the sole heir., and typical probate takes 6-18 months.
Maryland is one of the few states that imposes both a state estate tax and an inheritance tax, which can significantly affect your planning timeline and liquidity needs.
Property & Intestate Rules
How Maryland classifies marital property and what a surviving spouse typically receives if there is no will.
How Maryland Classifies Marital Property
Equitable distribution (common law). Md. Code, Family Law, Title 8, Subtitle 2.
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | The entire estate if there are no surviving minor children or parents of the deceased. |
| Children from marriage | If there are surviving minor children, the surviving spouse receives one-half of the intestate estate. If there are no minor children, but there are adult children, the spouse receives the first $40,000 plus one-half of the rest of the estate. |
| Children from prior relationship | If the deceased has surviving children (including from a prior relationship), and any are minors, the spouse receives one-half of the estate. If all children are adults, the spouse receives the first $40,000 plus one-half of the remainder. |
One-third of the net estate if the decedent has surviving children; one-half of the net estate if there are no surviving children.
Deadline to File
- Maryland filing window
- The later of 9 months from the date of death or 6 months after the first appointment of a personal representative.
Home Protections for Surviving Spouses
Maryland does not have a statutory homestead exemption. However, a surviving spouse is entitled to a family allowance. Property held as 'tenants by the entirety' passes directly to the surviving spouse and is protected from the deceased spouse's individual creditors.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $50,000, or $100,000 if the surviving spouse is the sole heir. |
| Typical probate timeline | 6-18 months |
| State estate tax | Yes |
| State inheritance tax | Yes |
| Tax notes | Maryland has both an estate and an inheritance tax, but the surviving spouse is exempt from both. The estate tax exemption for others is $5 million, and the unused exemption is portable to a surviving spouse. |
Deadlines You Cannot Afford to Miss
Maryland-Specific Rules
Maryland recognizes 'tenancy by the entirety' for real property owned by a married couple, which provides automatic inheritance and protection from the deceased spouse's individual creditors.
Maryland Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Maryland.
- Is Maryland a community property state?
- Maryland is classified as Common Law (Equitable Distribution). Equitable distribution (common law). Md. Code, Family Law, Title 8, Subtitle 2.
- What does a surviving spouse inherit without a will in Maryland?
- No children: The entire estate if there are no surviving minor children or parents of the deceased. With children: If there are surviving minor children, the surviving spouse receives one-half of the intestate estate. If there are no minor children, but there are adult children, the spouse receives the first $40,000 plus one-half of the rest of the estate. Stepchildren or children from a prior relationship: If the deceased has surviving children (including from a prior relationship), and any are minors, the spouse receives one-half of the estate. If all children are adults, the spouse receives the first $40,000 plus one-half of the remainder.
- What is the elective share right in Maryland?
- One-third of the net estate if the decedent has surviving children; one-half of the net estate if there are no surviving children. Deadline: The later of 9 months from the date of death or 6 months after the first appointment of a personal representative.
- What is the small-estate threshold in Maryland?
- $50,000, or $100,000 if the surviving spouse is the sole heir.. Typical probate timeline: 6-18 months
- Does Maryland have estate tax or inheritance tax?
- Estate tax: Yes. Inheritance tax: Yes. Maryland has both an estate and an inheritance tax, but the surviving spouse is exempt from both. The estate tax exemption for others is $5 million, and the unused exemption is portable to a surviving spouse.
- What deadlines matter most for widows in Maryland?
- Elective share filing: The later of 9 months from death or 6 months from the appointment of a personal representative; Estate tax return filing: 9 months from date of death; Creditor claims: 6 months from date of death.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Maryland.
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Support Beyond the Paperwork
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Related Resources
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