Section 3-104 – Distribution When There Is No Surviving Issue
(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. (b) Subject to §§ 3–111 and 3–112 of this subtitle, the net […]
Section 3-105 – Escheat
(a) (1) (i) The provisions of this subsection are applicable if there is no person entitled to take under §§ 3–102 through 3–104 of this subtitle. (ii) The provisions of this subsection do not apply to any portion of a decedent’s estate that is comprised of land that is the subject of an application for a certificate of reservation […]
Section 3-106 – Advancement
(a) If a decedent dies intestate as to a part of the decedent’s net estate, property which the decedent gave in the decedent’s lifetime to an heir shall be treated as an advancement against the share of the latter of the net estate if declared in writing by the decedent or acknowledged in writing by the […]
Section 3-107 – After-Born Child
(a) A child of the decedent who is conceived before the death of the decedent, but born afterwards shall inherit as if the child had been born in the lifetime of the decedent. (b) No other after–born relation may be considered as entitled to distribution in the relation’s own right unless: (1) The decedent had consented in a […]
Section 3-108 – Inheritance From Illegitimate Person
(a) Except as provided in subsection (b) of this section, property of an illegitimate person passes in accordance with the usual rules of intestate succession. (b) The father or the father’s relations of an illegitimate person can inherit only if the illegitimate person is treated as the child of the father pursuant to § 1–205(a)(2) or § […]
Section 3-109 – Person Related to Decedent Through Two Lines
A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.
Section 3-110 – Certain Heirs Not Surviving Decedent for 30 Days
(a) If a descendant, ancestor, or descendant of an ancestor of the decedent, fails to survive the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent: (1) Shall be considered to have predeceased the decedent for purposes of intestate succession; and (2) Is not to be entitled to the rights of […]
Section 3-111 – Prohibition of Distribution Upon Commitment of Certain Crimes or Acts
A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a child of the parent if: (1) (i) The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or (ii) The parent committed any act prohibited under […]
Section 3-112 – Abandonment or Failure to Support Minor Child
(a) A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a minor child of the parent if the parent: (1) Abandoned the child; or (2) Willfully failed to contribute to the support of the child for at least 3 consecutive years immediately preceding the death of the […]
Section 3-102 – Share of Surviving Spouse
(a) The share of a surviving spouse shall be as provided in this section. (b) If there is a surviving minor child, the share shall be one–half. (c) If there is no surviving minor child, but there is surviving issue, the share shall be the first $40,000 plus one–half of the residue. (d) If there is no surviving issue […]