Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Maryland law, a surviving spouse may claim a family or “surviving spouse” allowance from the decedent’s estate to provide for immediate needs, regardless of what the will provides. The allowance is governed by the Estates and Trusts Article, Title 3. Specifically:
- ET § 3-101 defines who qualifies as a surviving spouse: a person married to the decedent at the time of death. ET § 3-101.
- ET § 3-102 sets the amount and duration: up to $15,000 or one-third of the net estate, whichever is less, for one year. ET § 3-102.
To trigger this statutory allowance, the petitioner must prove the marriage existed at the date of death. Typically, you do this by filing a certified marriage certificate with the Register of Wills. When the certificate is missing or incomplete, the court will require alternative evidence to establish the marital relationship:
- Secondary Documentary Evidence: Church or synagogue marriage logs, certificates from another jurisdiction, or county registrar’s records.
- Affidavits: Sworn statements from officiants, witnesses, or close family who observed the ceremony or have firsthand knowledge.
- Cohabitation Proof: Joint bank account statements, shared lease agreements, joint tax returns filed as married, or insurance beneficiary forms listing the spouse.
- Judicial Notice: In some cases, the Register of Wills or the probate court may take judicial notice of a long-term, publicly recognized marriage based on local records.
If you cannot produce acceptable proof before the statutory deadline, the court may postpone ruling on the allowance petition. However, Maryland courts prefer to honor a valid spouse’s claim if you later provide sufficient evidence, rather than deny the allowance outright. Missing proof can delay the allowance distribution and potentially increase legal fees, but it does not automatically forfeit your right to an allowance.
Helpful Hints
- Begin gathering alternative evidence early—church records, affidavits, and financial documents can take time to obtain.
- Contact the clerk of the county where the marriage likely occurred for records or guidance on how to certify a delayed registration.
- Prepare detailed affidavits from at least two disinterested witnesses who attended or knew of the ceremony.
- Keep clear copies of any secondary documents—submit originals only when required.
- If you hit a roadblock, discuss motions for extension or temporary allowances with your attorney to avoid missing critical deadlines.