Who is entitled to inherit property?
In Maryland, a deceased person’s property is referred to as the estate and the people entitled to inherit the estate are known as beneficiaries. The primary sources for determining who is entitled to the deceased person’s estate are the estate documents such as a will or trust, and the state’s inheritance laws. If the deceased person had a valid will when they passed away, the beneficiaries listed in the will are typically the ones given the right to inherit the estate. The will must be valid under Maryland law in order to be recognized. If there is no valid will, Maryland follows the concept of “intestate succession,” which allows the deceased person’s closest relatives to inherit the estate. For example, if the deceased had a spouse and children, the spouse would most likely receive a larger share of the estate while the children would inherit smaller shares. If there is no spouse or children, then it goes to the parents and if there are no parents, it goes to siblings. If the deceased did not have any living relatives, the estate is distributed to the State of Maryland in a process called “escheat.” Even in cases where the deceased has a will, Maryland also recognizes the rights of a surviving spouse to receive a portion of the estate, called the “elective share.” This means that a surviving spouse can choose to reject the provisions of the will and instead claim a portion of the estate that is set out by law. Ultimately, who is entitled to inherit property in Maryland depends on the terms of the will, Maryland’s intestate succession laws, and the rights of a surviving spouse to receive the elective share.
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