What happens to the surviving spouse in an intestate estate?

In Maryland, if someone dies without a will (intestate), surviving spouses are entitled to a share of the estate. The intestate succession law in Maryland dictates how the estate will be distributed among the surviving family members. The surviving spouse is typically the first in line to receive an inheritance from an intestate estate. In most cases, the surviving spouse is entitled to the entire estate if there are no children or surviving parents. If the deceased is survived by children or parents, the surviving spouse is still entitled to a portion of the estate, usually one-third. In some cases, the surviving spouse may not be eligible to inherit from the intestate estate. This may be the case if the deceased was married to someone else at the time of death, or if the deceased had children from a prior relationship. In such cases, the surviving spouse would be entitled to a portion of the estate, typically one-third, and the remaining two-thirds would be distributed among the other family members. In Maryland, the intestate succession law ensures that surviving spouses and family members are provided for even when a will is not in place. The law provides a fair and equitable distribution of the estate among those entitled to receive it.

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What happens to the surviving spouse in an intestate estate?

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