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Dying Without A Will

Est. & Trusts § 3-102 — all to the spouse or partner, one-half with a minor child, and $100,000 plus half otherwise

Who else survivesThe spouse or registered domestic partner takes
Who else survivesNo minor child, and no issue who are not the spouse'sThe spouse or registered domestic partner takesThe entire intestate estate
Who else survivesA minor childThe spouse or registered domestic partner takesOne-half
Who else survivesNo minor child, but issue who are not the spouse'sThe spouse or registered domestic partner takesThe first $100,000 plus one-half of the residue
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The rest of the net estate, or all of it if there is no spouse or partner, is divided equally among the surviving issue, by representation.

Sources for this section (2)
  1. Md. Code, Est. & Trusts § 3-102 — Surviving spouse's share
  2. Md. Code, Est. & Trusts § 3-103 — Distribution of net estate if no surviving spouse

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.

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