Is the surviving spouse always entitled to a share of the estate?

In Maryland, the surviving spouse is almost always entitled to a share of the estate when the decedent did not leave a valid will. The distribution of an estate is called "intestate succession" when the decedent has not left a will. The Maryland intestate succession laws state that the surviving spouse is entitled to the entire estate if there are no surviving descendants of the decedent. If there are surviving descendants of the decedent, the surviving spouse is still entitled to a share of the estate, but the exact amount depends on the nature of the relationship between the decedent and the surviving spouse. If the decedent was married to the surviving spouse during the entire time they were living in Maryland, then the surviving spouse is entitled to one-half of the entire estate. If the decedent was married to the surviving spouse only some of the time they were living in Maryland, then the surviving spouse is entitled to one-third of the entire estate. If the decedent and the surviving spouse were never married, the surviving spouse is not entitled to any of the estate. In conclusion, in Maryland the surviving spouse is almost always entitled to a share of the estate when the decedent did not leave a valid will. The exact amount of the share depends on the nature of the relationship between the decedent and the surviving spouse.

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