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In Maryland, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
& Trusts § 3-201. Section 3-201 - Family allowance (a) A surviving spouse or registered domestic partner is entitled to receive an allowance of $10,000 for personal use.
If only the spouse survives, he/she is entitled to 1/2 of the decedent's augmented estate. Maryland has greatly expanded the types of assets to include when calculating the augmented estate. This broadening of the law is beneficial because the electing spouse may be entitled to receive more assets than before.
In Maryland there are two kinds of probate ? administrative and judicial. Administrative probate is for uncontested wills and is handled by the county register of wills. Judicial probate is usually for contested wills and is handled by the county Orphan's Courts.
Ideally, you should be able to close the estate within 13 months of the decedent's death. However, depending on the size and complexity of the estate, it may take longer. In any case, it's important to keep meticulous records throughout the process to prove to the court that you've fulfilled all your fiduciary duties.
What are Letters of Administration in Maryland? Obtaining Letters of Administration grants the personal representative the authority to handle the deceased person's assets, pay off their debts, address any tax liability, and distribute their remaining assets to the rightful heirs.
In general, the Maryland laws of intestacy provide that a surviving spouse receive one-half of the residuary estate, plus an additional $15,000 if there are no surviving minor children. The children will receive the other half of the residue, or the decedent's surviving parents, if there are no children.
Inheritance: Married spouses If your spouse dies without leaving a valid will, you can choose to get an equalization payment or your share ing to the ?intestacy? rules. These rules give married spouses and children the right to inherit property when there is no valid will.