# Estates and Trusts (GET)

## Title 3. Intestate Succession and Statutory Shares

### Subtitle 4. Elective Share of Surviving Spouse

#### Section 3-403

The surviving spouse may elect to take an elective share of an estate subject to election as follows:

(1) If there is surviving issue, the elective share shall equal one-third of the value of the estate subject to election, reduced by the value of all spousal benefits; or

(2) If there is no surviving issue, the elective share shall equal one-half of the value of the estate subject to election, reduced by the value of all spousal benefits.

---

Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)