Can an intestate estate be divided unequally among heirs?

Yes, an intestate estate can be divided unequally among heirs in Maryland. Whenever someone dies without a will, their estate is known as an intestate estate. The way the estate is divided is determined by the law of intestate succession, which is the same in all states. Under Maryland law, when there is an intestate succession, the estate is divided among the decedent’s heirs. This can include anyone that the decedent was related to; including their spouse, children, parents, and even distant kin. The order of priority is determined by the state’s law. If the decedent did not have a will, their estate is divided among the heirs according to the intestate succession law, which states that the estate should be divided equally amongst heirs. While the state of Maryland encourages equal division of the estate, it does not require equal division - the estate can be divided unequally amongst heirs if deemed necessary or fair. In some cases, the estate may contain unequal amounts of assets, so it would be unfair to divide the estate equally among heirs. For example, if the decedent had five children but only two pieces of property, it would be unfair to divide the estate into five equal parts. In these cases, the estate would be divided unequally. Ultimately, it is up to the court to decide how to divide the estate so that it is fair to the heirs. The court will look at the type and value of the assets, as well as the circumstances of the family, to come up with a fair division of the estate.

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Can an intestate estate be divided unequally among heirs?

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