Ch. 2

LAWS OF MARYLAND

As to a foreign personal representative, see ET §§
5-504 and 5-505.

Defined terms: "County" § 1-101

"Court" § 7-101 "Estate" § 7-101

"Inheritance tax" § 1-101

"Less than absolute interest" § 7-201

"Property that passes from a decedent" § 7-201

"Register" § 7-101

7-209. METHOD TO VALUE CONCURRENT ABSOLUTE AND LESS THAN
ABSOLUTE INTERESTS.

(A)  CONCURRENT ABSOLUTE INTEREST HELD BY DECEDENT AS JOINT
TENANT.

EXCEPT AS OTHERWISE PROVIDED BY AN INSTRUMENT THAT CREATES A
JOINT TENANCY OR BY LAW, IF, BEFORE DEATH, A DECEDENT HAD AN
ABSOLUTE INTEREST IN PROPERTY AS A JOINT TENANT, THE VALUE OF THE
INTEREST IN THE PROPERTY THAT PASSES FROM THE DECEDENT IS
DETERMINED BY DIVIDING THE VALUE OF THE ENTIRE PROPERTY BY THE
NUMBER OF JOINT TENANTS, INCLUDING THE DECEDENT.

(B)  CONCURRENT ABSOLUTE INTEREST THAT PASSES TO JOINT
TENANTS.

EXCEPT AS OTHERWISE PROVIDED BY AN INSTRUMENT THAT CREATES A
JOINT TENANCY OR LAW, IF AN ABSOLUTE INTEREST IN PROPERTY PASSES
FROM A DECEDENT TO 2 OR MORE PERSONS AS JOINT TENANTS, THE VALUE
OF THE INTEREST THAT PASSES TO EACH JOINT TENANT IS DETERMINED BY
DIVIDING THE VALUE OF THE ABSOLUTE INTEREST IN THE PROPERTY BY
THE NUMBER OF JOINT TENANTS TO WHOM THE ABSOLUTE INTEREST IN THE
PROPERTY PASSES.

(C)  CONCURRENT ABSOLUTE INTEREST THAT PASSES TO TENANTS BY
THE ENTIRETIES.

(1)  IF AN ABSOLUTE INTEREST IN PROPERTY PASSES FROM A
DECEDENT TO 2 OR MORE PERSONS AS TENANTS BY THE ENTIRETIES:

(I)  THE VALUE OF THE INTEREST THAT PASSES TO
EACH TENANT IS DETERMINED BY DIVIDING THE VALUE OF THE ENTIRE
VALUE OF THE ABSOLUTE INTEREST IN THE PROPERTY BY THE NUMBER OF
TENANTS TO WHOM THE ABSOLUTE INTEREST IN THE PROPERTY PASSES; AND

(II)  THE TENANTS BY THE ENTIRETIES ARE JOINTLY
AND SEVERALLY LIABLE FOR THE ENTIRE INHERITANCE TAX.

(2)  WHEN PROPERTY PASSES FROM A DECEDENT TO A HUSBAND
AND WIFE AS TENANTS BY THE ENTIRETIES AND ONLY 1 SPOUSE IS
ENTITLED TO THE LINEAL INHERITANCE TAX RATE UNDER § 7-204(C) OF
THIS SUBTITLE, THAT RATE APPLIES TO 50% OF THE VALUE OF THE
PROPERTY, AND THE COLLATERAL TAX RATE UNDER § 7-204(B) OF THIS
SUBTITLE APPLIES TO THE OTHER 50%.

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