Home Table of Contents

§ 3-104. Absence of surviving issue

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 3. Intestate Succession and Statutory Shares (Refs & Annos)
Subtitle 1. Intestate Succession (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 3-104
§ 3-104. Absence of surviving issue
In general
(a) If there is no surviving issue, the personal representative shall distribute, as prescribed in this section:
(1) If there is a surviving spouse, the net estate exclusive of the share of the surviving spouse; or
(2) If there is no surviving spouse, the entire net estate.
Distribution to parents or to issue of parents
(b) Subject to §§ 3-111 and 3-112 of this subtitle, the net estate shall be distributed :
(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
(c)(1) If there is no surviving parent or issue of a parent, the net estate shall be distributed :
(i) One-half:
1. To the surviving paternal grandparents equally;
2. If only one paternal grandparent survives, to the survivor; or
3. If neither paternal grandparent survives, to the issue of the paternal grandparents, by representation; and
(ii) One-half:
1. To the surviving maternal grandparents equally;
2. If only one maternal grandparent survives, to the survivor; or
3. If neither maternal grandparent survives, to the issue of the maternal 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 parent or issue of parent or surviving grandparent or issue of grandparent
(d)(1) If there is no surviving parent or issue of a parent, or surviving grandparent or issue of a grandparent, the net estate shall be distributed one-quarter to :
(i) Each pair of great-grandparents equally;
(ii) All to the survivor; or
(iii) If neither survives, all to the issue of either or of both of that pair of great-grandparents, by representation.
(2) In the event that neither member of a pair of great-grandparents nor any issue of either of that pair survives, the quarter share applicable shall be distributed equally among the remaining pairs of great-grandparents or the survivor of a pair or issue of either of a pair of great-grandparents, in the same manner as prescribed for a quarter share.
No surviving blood relatives
(e)(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.
Formerly Art. 93, § 3-104.
MD Code, Estates and Trusts, § 3-104, MD EST & TRST § 3-104
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.