Survivor Benefits in Maryland: A Complete Overview of What You're Entitled To

After someone dies in Maryland, their surviving spouse and dependents are entitled to a range of financial benefits — but no single agency knows about all of them, and no government office will hand you a complete list. Benefits are scattered across state pension agencies, the probate court, federal agencies, health departments, and county offices. Claiming everything you're owed requires knowing where to look.

This is that map.

Immediate Estate Protections: The Family Allowance

Before probate creditors are paid, before assets are distributed, Maryland law sets aside immediate money for the surviving family. Under Estates and Trusts Article § 3-201, the estate must pay:

• $10,000 to the surviving spouse or registered domestic partner
• $5,000 for each unmarried minor child (under 18)

These amounts are priority claims — they are paid out of the estate before unsecured creditors (credit cards, medical bills, personal loans) can collect. If the estate is small, this family allowance may be the most significant immediate financial protection available.

To claim it, the surviving spouse works through the probate process at the Register of Wills. The Personal Representative of the estate is legally required to distribute the allowance.

Spousal Elective Share

If the decedent's will left a surviving spouse little or nothing, Maryland law provides an escape valve: the elective share. The surviving spouse can reject the will and instead claim a statutory fraction of the "augmented estate" — which includes not just the probate estate, but also non-probate assets like revocable trusts, jointly held property, and certain transfers made during the decedent's lifetime.

The elective share is one-third of the augmented estate if there are surviving descendants, or one-half if there are none.

The election must be filed in writing with the Orphans' Court within the later of nine months from death or six months after the Personal Representative is appointed. Missing this deadline forfeits the right permanently.

Social Security Survivor Benefits

Social Security pays monthly benefits to surviving spouses and dependent children of covered workers. Key eligibility rules for Maryland residents:

• Surviving spouse age 60 or older (50 if disabled) can receive benefits based on the deceased's work record
• Surviving spouse of any age caring for a child under 16 can receive benefits
• Dependent children under 18 (or under 19 if still in high school) receive benefits
• Surviving divorced spouses may also qualify if married for at least 10 years

The one-time $255 lump-sum death payment is paid to the surviving spouse; if there is no surviving spouse, to an eligible child. This must be specifically claimed — it is not paid automatically.

Contact the Social Security Administration at 1-800-772-1213 within the first two weeks of death to report the death and begin the survivor benefits application.

Maryland State Retirement System Benefits

Surviving spouses and dependents of Maryland state employees, public school teachers, and certain municipal employees have specific pension death benefit claims through the Maryland State Retirement and Pension System (MSRPS).

For active employees who die before retirement:

• After 1–2 years of service: return of accumulated contributions plus one year's salary
• After 2+ years of service: a monthly annuity equal to 66.6% of the employee's final average salary for the surviving spouse and dependent children

For retired employees:

• Surviving benefits depend entirely on which payment option the decedent selected at retirement
• If the retiree selected a survivorship option (Options 2, 3, 5, or 6), the surviving spouse receives a continued monthly benefit
• Regardless of option: a $10,000 Post-Retirement Death Benefit lump sum is paid to the designated beneficiary

Public safety employees: Surviving spouses of state police, firefighters, and certain law enforcement personnel killed in the line of duty are entitled to a $50,000 state death benefit.

Contact the Maryland State Retirement Agency (sra.maryland.gov) immediately after the death to initiate claims and understand which benefits apply.

Workers' Compensation Death Benefits

When a Maryland employee dies as a result of a workplace accident or occupational disease, the Workers' Compensation Commission administers substantial ongoing death benefits:

• Weekly benefit: Two-thirds (66.6%) of the deceased employee's average weekly wage, capped at 100% of the Maryland State Average Weekly Wage
• Duration: Continues for the dependency period — at least five years for a surviving spouse, until age 18 (or 23 if a full-time student) for dependent children
• Funeral expenses: Up to $25,000, a major increase enacted in 2024 under Senate Bill 850
• Remarriage: If the surviving spouse remarries, benefits stop and a two-year lump sum is paid

File Form C-35 (Dependent's Claim for Death Benefits) with the Maryland Workers' Compensation Commission. The statute of limitations is 18 months from the date of death for accident cases, and 2 years for occupational disease.

VA and Military Benefits

Surviving spouses and dependents of Maryland veterans may be entitled to:

Dependency and Indemnity Compensation (DIC): A monthly tax-free payment to surviving spouses of veterans whose death was service-connected. File VA Form 21P-534EZ.

VA Survivors Pension: Income-based monthly benefit for surviving spouses and dependents of wartime veterans with limited income.

Maryland property tax exemption: Surviving un-remarried spouses of veterans killed in the line of duty or veterans with a 100% permanent service-connected disability receive a complete exemption from real property taxes on their primary home. Applications go through SDAT at any time — there is no annual filing deadline. Under recent legislation, retroactive refunds for up to three prior tax years may be available.

Edward T. Conroy Memorial Scholarship: Pays tuition at Maryland public colleges for dependent children and surviving spouses of deceased veterans with qualifying service, public safety employees killed in the line of duty, and 100% disabled veterans. Applied for through MHEC.

Maryland veterans cemeteries: Eligible veterans and their spouses may be interred at no cost at Crownsville or Garrison Forest veterans cemeteries.

Health Insurance: Maryland Mini-COBRA

Maryland law requires insurers to offer continuation of group health coverage to surviving spouses and dependents after the death of the covered employee. The election window is 45 days from the death. Missing it forfeits the right to continue coverage.

For survivors eligible for both federal COBRA (employers with 20+ employees) and Maryland mini-COBRA, federal COBRA provides 36 months of coverage — longer than Maryland's minimum. The death also triggers a special enrollment period for Maryland Health Connection marketplace plans, which may be less expensive than continuation premiums.

Property Tax Relief

Beyond the veteran exemption, surviving spouses who own their home should verify:

• Homestead Tax Credit — caps annual property assessment increases; requires a one-time application to SDAT if not already active
• Homeowners' Tax Credit (Circuit Breaker) — limits property tax to a percentage of income; requires annual application; income and asset limits apply

Medicaid Estate Recovery: What the State Can Recover

If the decedent received Medicaid long-term care benefits after age 55, Maryland may attempt to recover those costs. However, Maryland limits recovery to the probate estate only — assets passing outside of probate (joint accounts, TOD designations, living trusts) are structurally insulated from Maryland's Medicaid liens.

Recovery is also completely blocked if the decedent is survived by a spouse, a child under 21, or a child who is blind or totally disabled.

The Coordination Problem

Each benefit above is administered by a different agency. Social Security, the VA, the Register of Wills, the State Retirement Agency, the Workers' Compensation Commission, SDAT, MHEC, and DHS all operate independently — none of them will tell you what the others offer.

The Maryland Survivor Benefits Navigator synthesizes all of these into one sequential action plan, with the exact forms, deadlines, and agency contacts for each benefit — organized chronologically from the first 72 hours through the first year after the death.

See more Maryland guides →