<?xml version='1.0' encoding='utf-8'?>
<section article="get" article_name="Estates and Trusts" number="3-403" title_number="3" title_name="Intestate Succession and Statutory Shares" subtitle_number="4" subtitle_name="Elective Share of Surviving Spouse">
  <text>The surviving spouse may elect to take an elective share of an estate subject to election as follows:</text>
  <level label="1">
    <text>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</text>
  </level>
  <level label="2">
    <text>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.</text>
  </level>
</section>
