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<section article="get" article_name="Estates and Trusts" number="3-405" title_number="3" title_name="Intestate Succession and Statutory Shares" subtitle_number="4" subtitle_name="Elective Share of Surviving Spouse">
  <level label="a">
    <text>The right of election of a surviving spouse:</text>
    <level label="1">
      <text>Is personal to the surviving spouse;</text>
    </level>
    <level label="2">
      <text>Is not transferable; and</text>
    </level>
    <level label="3">
      <text>Cannot be exercised after the surviving spouse’s death.</text>
    </level>
  </level>
  <level label="b">
    <text>Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17–101(c) of this article, the election may be exercised by:</text>
    <level label="1">
      <text>An order of the court having jurisdiction of the person or property of the minor or incapacitated person;</text>
    </level>
    <level label="2">
      <text>A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or</text>
    </level>
    <level label="3">
      <text>An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:</text>
      <level label="i">
        <text>All interested persons in the decedent’s estate; and</text>
      </level>
      <level label="ii">
        <text>All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.</text>
      </level>
    </level>
    <level label="2">
      <text>An exercise of a right of election under subsection (b) of this section is valid unless:</text>
      <level label="i">
        <text>Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and</text>
      </level>
      <level label="ii">
        <text>Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.</text>
      </level>
    </level>
  </level>
</section>
