Detailed Answer
When a person dies without a valid will (intestate) in Maryland and has no surviving spouse but leaves descendants, Maryland law distributes the estate entirely to those descendants under Md. Code, Estates & Trusts §3-103. You can review the statute here: Md. EST & T §3-103.
Distribution to Children
If the decedent leaves three living children, each child inherits an equal share of the estate. For example, if the estate value is $300,000, each child receives $100,000.
If one child predeceased the decedent but left surviving descendants (grandchildren), those descendants inherit the deceased child’s share per stirpes. For instance, if the predeceased child had two children, those grandchildren split that child’s one-third share, each receiving one-sixth of the total estate.
Key Steps in Intestate Succession
- Identify all children and descendants eligible to inherit.
- Inventory and value all estate assets and debts.
- File a petition for administration in the local Register of Wills office.
- Follow Maryland’s distribution rules under Md. EST & T §3-103.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Gather certified copies of the death certificate and birth certificates for heirs.
- Obtain a full inventory of the decedent’s assets, including real estate and bank accounts.
- Locate any outstanding debts or liabilities that must be paid before distribution.
- Keep detailed records of all probate filings and correspondence.
- Consider meeting with a probate attorney early to streamline the process.