Home Table of Contents

§ 3-102. Share of surviving spouse or domestic partner

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2023

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, 2023
MD Code, Estates and Trusts, § 3-102
§ 3-102. Share of surviving spouse or domestic partner
Currentness
In general
(a) Subject to subsections (b) and (c) of this section, the share of a surviving spouse or registered domestic partner shall be the entire intestate estate.
Surviving minor children
(b) If there is a surviving minor child, the share shall be one-half.
No surviving minor child but surviving issue
(c) If there is no surviving minor child, but there is surviving issue who are not issue of the surviving spouse or registered domestic partner, the share shall be the first $100,000 plus one-half of the residue.
Calculation of net estate
(d) For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7-308 of the Tax--General Article.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1978, c. 111; Acts 1982, c. 264; Acts 1991, c. 55, § 1; Acts 2017, c. 626, § 1, eff. Oct. 1, 2017; Acts 2017, c. 627, § 1, eff. Oct. 1, 2017; Acts 2019, c. 262, § 1, eff. Oct. 1, 2019; Acts 2023, c. 647, § 1, eff. Oct. 1, 2023.
Formerly Art. 93, § 3-102.
MD Code, Estates and Trusts, § 3-102, MD EST & TRST § 3-102
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.
End of Document