How Maryland distributes a deceased person’s estate among children when there is no will

Disclaimer: This information explains general Maryland intestacy rules only and is not legal advice. For decisions about a real estate or probate situation, consult a Maryland probate attorney.

Detailed answer — who inherits among children when there is no will

When someone dies without a will (intestate) in Maryland, the estate passes according to the state’s intestacy rules. If the decedent is survived by one or more children and there is no surviving spouse, the estate passes to the surviving children in equal shares. If a surviving child predeceased the decedent but left children of their own (the decedent’s grandchildren), those grandchildren take their deceased parent’s share by representation (this is commonly described as inheritance “per stirpes”).

Key points:

• Surviving children inherit in equal shares if there is no surviving spouse. (See Maryland intestate succession rules in the Estates & Trusts Code.)
• If a child dies before the decedent but leaves descendants (grandchildren of the decedent), the descendants step into the deceased child’s place and inherit that child’s share by representation.
• If a child predeceased the decedent without descendants, that child’s share does not pass to the other children by default; instead the deceased child’s share is reallocated among the surviving children and represented descendants according to the representation rules.
• Adopted children generally inherit the same as biological children under Maryland law. Posthumously-born children who were in gestation at the decedent’s death may inherit if they are later born alive, subject to proof.

Simple examples (hypothetical)

These examples show how representation works:

1. Decedent leaves 3 children (A, B, C). All three survive. Each child receives one-third of the estate.
2. Decedent leaves children A, B, C. B died before the decedent and B left two children (B1 and B2). The estate is split into three equal shares — A, B’s share, and C. B1 and B2 together divide B’s one-third equally (each gets one-sixth of total).
3. Decedent leaves children A, B, C. B died before the decedent and left no descendants. The estate is divided equally between surviving children A and C (one-half each).

Other common issues affecting children’s shares

• Surviving spouse: If a spouse survives the decedent as well as children, the spouse’s intestate share depends on whether all children are also the spouse’s descendants. Maryland’s statutes set the spouse’s share in various situations; that affects how much remains for the children. (See Maryland Estates & Trusts Code for spouse rules.)
• Parentage and paternity: A person must be legally established as a child (by birth record, adoption, paternity finding, or other proof) to inherit as a child under intestacy statutes.
• Advancements and disclaimers: Gifts given during the decedent’s life may be treated as advancements in some cases. An heir may also disclaim (refuse) an inheritance, which changes how shares are recalculated under intestacy law.

Statutory authority (Maryland)

Maryland’s rules on intestate succession and representation are in the Maryland Estates & Trusts statutes. For the exact statutory language and any recent changes, see the Maryland General Assembly’s code pages for Estates & Trusts (Title 3, Descent and Distribution):
Maryland Code, Estates & Trusts, Title 3 (Descent and Distribution).

For plain-language probate and intestacy guidance from the Maryland courts, see the Maryland Courts legal help pages on probate and intestacy:

Maryland Courts — Legal Help, Probate & Estates Factsheets

Helpful Hints

• Start by listing all potential heirs: surviving children, grandchildren, spouse, parents, and siblings. Record birth, adoption, and marriage documents.
• Obtain multiple certified copies of the death certificate — probate filings usually require them.
• If a child’s status is unclear (adoption, paternity, or posthumous birth), gather legal or medical proof early. Paternity orders or birth certificates matter.
• Contact the Register of Wills or local probate court in the county where the decedent lived for forms and small‑estate procedures. Maryland courts provide fact sheets and local guidance. (See the Maryland Courts factsheets link above.)
• Consider whether the estate qualifies for Maryland’s simplified or small‑estate procedures; those can avoid formal probate in some cases.
• If there is any dispute over who counts as an heir, or if the estate is valuable or complex, consult a Maryland probate attorney to protect heirs’ rights and to ensure proper distribution under Maryland law.

If you want, I can walk through a specific hypothetical family fact pattern (names, who predeceased whom, which children have descendants, presence of a spouse) and show exactly how Maryland intestacy rules would divide the estate.