Best Maryland Estate Settlement Guide for Registered Domestic Partners

If you are a registered domestic partner in Maryland and your partner has just died, the best resource is a Maryland estate settlement guide that explicitly covers Senate Bill 792 and distinguishes between the rights it grants and the rights it withholds. Most probate guides — even Maryland-specific ones — were written before SB 792 took effect in late 2023 and still assume that only married spouses receive preferential treatment in the probate system. That assumption is now wrong, but the details matter.

SB 792 gives registered domestic partners the same priority to serve as personal representative as a married spouse, entitlement to the $10,000 spousal allowance, and full exemption from the 10 percent Maryland inheritance tax. It does not grant registered domestic partners the right to claim the elective share of the augmented estate. That distinction can mean tens or hundreds of thousands of dollars depending on the estate.

What SB 792 Actually Changed

Before SB 792, an unmarried partner — regardless of how long they lived together or how intertwined their finances were — had no automatic standing in Maryland's probate system. They could not serve as personal representative without a will naming them. They were classified as "collateral heirs" subject to the 10 percent inheritance tax from the first dollar. They had no entitlement to any spousal allowance.

Senate Bill 792 changed this for partners who formally register. Here is what registered domestic partners now receive:

Priority to serve as personal representative. When there is no will, the Register of Wills appoints the personal representative based on a statutory priority list. Married spouses are at the top. Registered domestic partners now share that top priority — ahead of adult children, parents, and other family members.

The $10,000 spousal allowance. This is a statutory right that sits above creditor claims. The surviving spouse (or now, registered domestic partner) receives $10,000 from the estate regardless of what the will says and regardless of the estate's debt situation. This allowance is paid before any creditors, including the funeral home.

Full exemption from the 10 percent inheritance tax. Without registration, a surviving partner would owe 10 percent of everything they inherit — from the first dollar. A $200,000 inheritance would generate a $20,000 tax bill. Registration eliminates this entirely.

What SB 792 Does NOT Grant

No elective share of the augmented estate. This is the critical limitation. Maryland's 2020 augmented estate law allows married spouses to claim a percentage of the total augmented estate — which includes revocable trusts, qualifying joint interests, and certain lifetime transfers — even if the will leaves them nothing. This prevents spouses from being disinherited through non-probate transfers.

Registered domestic partners do not have this right. If your partner's will leaves everything to their children from a prior relationship, or if assets were placed in a revocable trust that names other beneficiaries, you cannot use the elective share mechanism to claim a portion. You receive only what the will specifically leaves to you, plus the $10,000 allowance.

This makes the will — or the absence of a will — far more consequential for registered domestic partners than for married spouses.

Intestate succession nuances. If your partner died without a will, Maryland's intestate succession laws now treat registered domestic partners equivalently to married spouses in the distribution hierarchy. But the practical reality is that intestate succession rules were designed around traditional family structures, and blended family scenarios (where the deceased has children from a prior relationship) can produce unexpected outcomes.

Why Most Resources Get This Wrong

The challenge for registered domestic partners is not that information about SB 792 does not exist — it is that the information is fragmented and often incomplete:

The gap is not legal accuracy — it is practical completeness. A registered domestic partner needs to know the same things every personal representative needs (Small Estate vs. Regular Administration, creditor priority, dual tax system, deadlines), plus the specific intersection points where their rights differ from a married spouse's rights.

The Practical Concerns for Registered Domestic Partners

Establishing Authority at the Register of Wills

When you walk into the Register of Wills office, you may encounter staff who are unfamiliar with the domestic partnership provisions or who default to asking for a marriage certificate. Bring your domestic partnership registration documentation and be prepared to reference the specific statutory sections. A guide that identifies exactly which rights SB 792 confers — and can be shown to administrative staff — prevents friction at a moment when you have zero emotional capacity for bureaucratic pushback.

The Inheritance Tax Exemption

Without registration, everything you inherit from your partner is taxed at 10 percent. With registration, you are fully exempt. But here is the procedural detail: the exemption must be reflected on the Information Report filed with the Register of Wills within three months of the personal representative's appointment. If the estate has other heirs who are collateral relatives (the deceased's nieces, nephews, cousins), their shares are still subject to the 10 percent tax — only your share is exempt.

Banking and Financial Institutions

Banks freeze individual accounts upon notice of death. Presenting your Letters of Administration — which now reflect your priority status as a registered domestic partner — is required to access solely-owned accounts. Some institutions may be unfamiliar with the domestic partnership framework and request marriage documentation. Having a clear understanding of your statutory rights, backed by the specific form numbers and statutory references, resolves these encounters faster.

The Missing Elective Share: What It Means Practically

If your partner had a will that fairly reflects your relationship, the absence of the elective share right is irrelevant. If your partner's will leaves everything to other beneficiaries — or if assets were moved into trusts or transfer-on-death arrangements that bypass probate — you are limited to the $10,000 allowance plus whatever the will specifically bequeaths to you.

This is the scenario where professional legal advice is most valuable for registered domestic partners. If you suspect the estate plan was structured to minimize your inheritance, consult a Maryland probate attorney about your options before the relevant deadlines pass.

Who This Is For

• Registered domestic partners who have just lost their partner and need to understand their rights under SB 792 in the context of the full Maryland probate process
• Unmarried partners who are not registered and need to understand what that means for their inheritance rights and tax exposure
• Personal representatives managing an estate where a registered domestic partner is among the heirs
• Anyone helping a registered domestic partner navigate the Maryland probate system

Who This Is NOT For

• Married spouses — your rights are broader (including the elective share) and are well-covered by standard Maryland probate resources
• Partners in states other than Maryland — SB 792 is a Maryland-specific statute
• Partners in an active legal dispute over the estate — consult a Maryland probate attorney

Frequently Asked Questions

What qualifies as a "registered domestic partner" under SB 792?

Maryland requires partners to formally register through the designated process. Simply living together, sharing finances, or having a long-term committed relationship does not confer registered status. If you and your partner did not formally register before the death, SB 792 protections do not apply.

Can a registered domestic partner serve as personal representative even if the will names someone else?

If the will names a different personal representative, that person generally has priority. SB 792's priority provision applies when there is no will (intestacy) or when the named representative is unable or unwilling to serve. In those situations, the registered domestic partner now has the same statutory priority as a married spouse.

Does the $10,000 allowance reduce the amount available to other heirs?

Yes. The spousal allowance (now available to registered domestic partners) is a preferential claim paid before most other distributions. It comes off the top of the estate before creditors, before specific bequests, and before the residuary distribution. In small estates, this can be a significant portion of the total assets.

What if my partner and I were registered in another state but lived in Maryland?

This is an area where the law is still developing. Maryland's SB 792 specifically addresses Maryland-registered domestic partnerships. Whether Maryland recognizes registrations from other jurisdictions depends on the specific statutory language and may require legal analysis. Consult a Maryland attorney if your registration was issued by another state.

Should registered domestic partners still consider marriage for estate planning purposes?

From a pure estate-rights perspective, marriage provides the elective share protection that registration does not. If the elective share is important to your estate plan — particularly in blended family situations — marriage remains the more protective legal framework. A registered domestic partner who also has a well-drafted will and properly titled joint assets may not need the elective share, but the analysis depends entirely on the specific circumstances.

The When Someone Dies in Maryland — Estate Settlement Guide covers the complete intersection of SB 792 and Maryland probate law, including which rights registered domestic partners receive, which limitations remain, and how to assert your legal authority at the Register of Wills — for .

See more Maryland guides →