Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Maryland law, a surviving spouse cannot elect a life estate in the deceased’s real property in lieu of the statutory intestate share. Maryland abolished traditional dower and curtesy rights (which once allowed a life estate in one-third of the decedent’s land) for deaths occurring on or after October 1, 1980.
If a spouse dies without a will, the surviving spouse’s intestate share depends on whether the decedent left descendants, and who those descendants are. Estates & Trusts § 3-103 establishes the spouse’s share:
- If all descendants are also descendants of the surviving spouse (or there are no descendants), the spouse receives the entire intestate estate. (MD Code, Est. & Trusts § 3-103(b)(1))
- If the decedent left descendants who are also descendants of the surviving spouse, the spouse receives the first $75,000 of the estate plus one-half of the balance. (§ 3-103(b)(2))
- If the decedent left descendants not related to the surviving spouse, the spouse receives $15,000 plus one-half of the balance; the unrelated descendants share the remainder. (§ 3-103(b)(3))
Additionally, if the decedent left a valid will, the surviving spouse may renounce the will and elect to take the statutory intestate share instead of what the will provides. Any election must occur within six months after probate appointment. (Est. & Trusts § 3-204) This election also does not include a life estate option.
In limited situations—such as a decedent who died before October 1, 1980—the surviving spouse might still have dower rights. If you face that rare situation, consult an attorney for historical property claims.
Helpful Hints
- Review Estates & Trusts § 3-103 carefully to calculate your exact intestate share.
- File any election against a will within six months of probate qualification.
- Dower rights (life estate in land) no longer apply for deaths after 1980.
- Consider hiring a probate attorney to guide you through deadlines and filings.
- Keep thorough records of estate assets and debts to assist in share calculations.