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Terms Used In Maryland Code, ESTATES AND TRUSTS 3-302

  • Decedent: A deceased person.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Personal representative: includes an administrator and an executor. See
  • Testator: A male person who leaves a will at death.
(a) A child permitted to share in the estate of a decedent under § 3-301 of this subtitle shall receive from the personal representative an amount equal to the lesser of:

(1) The distribution which the child would have taken in the event of intestacy; or

(2) The value of all legacies to children of the testator and issue of deceased children divided by the total number of children of the testator who survive the testator and deceased children leaving issue who take under this subtitle, including the pretermitted child.

(b) The issue of a pretermitted child who did not survive the testator may take the amount by representation.