Title 18-C, Title 18-C

If there is no taker under the provisions of this Article, the intestate estate passes to the State, except that an amount of funds included in the estate up to the total amount of restitution paid to the decedent pursuant to a court order for a crime of which the decedent was th…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deceased descendant," "deceased parent" or "deceased grandparent" means a descendant, parent or grandparent, respectively, who either predeceased …

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

1. Gifts treated as advancements. If an individual dies intestate as to all or a portion of that individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir'…

A debt owed to the decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.

An individual is not disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been an alien.

The estates of dower and curtesy are abolished.

An individual who is related to the decedent through 2 lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. In cases where such an heir would take equal shares, the individual is entitled to the …

1. Parent barred from inheriting though child. A parent is barred from inheriting through intestate succession from or through a child of the parent if: A. The parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or [PL 2017…

Unless otherwise provided in this subpart, "parent" for purposes of intestate succession means a person who has established a parent-child relationship with the child under Article 9 or Title 19‑A, chapter 61 and whose parental rights have not been terminated.

If a petition to establish parentage under Title 19-A, chapter 61 or a petition for adoption under Article 9 is pending and has not been finally adjudicated at the time of the petitioner's death, the subject of the petition is considered a child of the petitioner for intestate su…

An order granting an adoption divests the adoptee's former parents of all legal rights, powers, privileges, immunities, duties and obligations concerning the adoptee, including the right to inherit from or through the adoptee. An adoptee, however, may inherit from the adoptee's f…

An individual is a parent of a child who is born after the individual's death, if the child is: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. In utero. In utero not later than 36 months after the individual's death; or 2. Born. Born not later than 45 m…

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Decedent's nonprobate transfers to others. As used in sections other than section 2‑205, "deced…

1. Elective-share amount. The surviving spouse of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this Part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augme…

1. Value of augmented estate. Subject to section 2‑208, the value of the augmented estate, to the extent provided in sections 2‑204, 2‑205, 2‑206 and 2‑207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, …

The value of the augmented estate includes the value of the decedent's probate estate reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property and enforceable claims.

The value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under section 2‑204, of any of the following types, in the amount provided respectively for each type of transfer: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 41…

Excluding property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate a…

1. Included property. Except to the extent included in the augmented estate under section 2‑204 or 2‑206, the value of the augmented estate includes the value of: A. Property that was owned by the decedent's surviving spouse at the decedent's death, including: (1) The surviving s…

1. Exclusions. The value of any property is excluded from the decedent's nonprobate transfers to others: A. To the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019,…

1. Elective-share amount only. In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to …

1. Original recipients; satisfaction of elective-share amount. Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others to the extent the donees have the property or its proceeds, …

1. Time of election. Except as provided in subsection 2, the surviving spouse or the surviving spouse's conservator or agent under authority of a power of attorney must make the election by filing in the court and mailing or delivering to the personal representative, if any, a pe…

The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under section 2-211, subsection 1. If the election is not exercised by the surviving spouse personally, it may be exercised on the surviv…

1. Waiver of election and statutory benefits. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance may be waived, wholly or partially, before or after marriage, by a written contract, agree…

1. Liability of payors and other 3rd parties. Although under section 2-205 a payment, item of property or other benefit is included in the decedent's nonprobate transfers to others, a payor or other 3rd party is not liable for having made a payment or transferred an item of prope…

1. Entitlement of spouse. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse would have received if th…

1. Omitted children shares. Except as provided in subsection 2, if a testator fails to provide in the testator's will for any of the testator's children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate a…

This Part applies to the estate of the decedent who dies domiciled in this State. Rights to homestead allowance, exempt property and family allowance for a decedent who dies not domiciled in this State are governed by the law of the decedent's domicile at death.

A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent childre…

In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests in the estate of tangible personal property, including, but not limited to, in household furniture, automobile…

1. Family allowance during administration. In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled…

If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of minor children or children who are adults may select property of the estate…

An individual of sound mind who is 18 or more years of age or a legally emancipated minor may make a will.

1. Witnessed wills. Except as otherwise provided in subsection 2 and in sections 2‑505 and 2‑512, a will must be: A. In writing; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Signed by the testator or in the testator's name by some other individual in …

1. Self-proved at execution. Any will may be simultaneously executed, attested and made self-proved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution oc…

1. Witness. An individual generally competent to be a witness may act as a witness to a will. 2. Interested witness. The signing of a will by an interested witness does not invalidate the will or any portion of it.

A written will is valid if executed in compliance with section 2-502 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domic…

1. Revocation. A will or any part thereof is revoked: A. By the execution of a subsequent will that revokes the previous will or part expressly or by inconsistency; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. By the performance of a revocatory act…

Except as provided in sections 2‑802, 2‑803 and 2‑804, a change of circumstances does not revoke a will or any part of it.

1. Subsequent will revoked by revocatory act; wholly revoked previous will. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 2‑506, subsection 1, paragraph B, the previous will remains revoked unless it is revived. T…

Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

1. Devise to a trust. A will may validly devise property to the trustee of a trust established or to be established: A. During the testator's lifetime by the testator, by the testator and some other person or by some other person, including a funded or unfunded life insurance tru…

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation …

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as eviden…