(a) If there is no surviving issue, spouse, or registered domestic partner, the personal representative shall distribute the net estate, subject to §§ 3-111 and 3-112 of this subtitle, as follows:
(1) To the surviving parents equally;
(2) If only one parent survives, to the survivor; or
(3) If neither parent survives, to the issue of the parents, by representation.
No surviving parent or issue of parent
(b)(1) If there is no surviving parent or issue of a parent, the net estate shall be distributed:
(i) One-half to each pair of grandparents equally;
(ii) If only one grandparent of a pair survives, one-half to the survivor; or
(iii) If neither grandparent of a pair survives, one-half to the issue of that pair of grandparents, by representation.
(2) In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one-half share applicable shall be distributed to:
(i) The other pair of grandparents;
(ii) The survivor of the other pair of grandparents; or
(iii) The issue of either of the other pair of grandparents, in the same manner as prescribed for their half share.
No surviving blood relatives
(c)(1) In this subsection, “stepchild” means the child of any spouse of the decedent, if the spouse was not divorced from the decedent.
(2) If there is no surviving blood relative entitled to inherit under this section, the net estate shall be divided into as many equal shares as there are:
(i) Stepchildren of the decedent who survive the decedent; and
(ii) Stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent.
(3)(i) Each stepchild of the decedent who did survive the decedent shall receive one share.
(ii) The issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1-210 of this article.
Credits
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2001, c. 582, § 1, eff. Oct. 1, 2001; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019; Acts 2023, c. 647, § 1, eff. Oct. 1, 2023.
Formerly Art. 93, § 3-104.
MD Code, Estates and Trusts, § 3-104, MD EST & TRST § 3-104
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
