§ 3–407
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 3-407 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 4. Elective Share of Surviving Spouse
§ 3–407LinkCopy Citation
(a)
(1)
The election by a surviving spouse to take an elective share shall be made within the later of:
(i)
9 months after the date of the decedent’s death; or
(ii)
6 months after the first appointment of a personal representative.
(2)
(i)
Within the period for making an election, the surviving spouse may file with the court a petition for an extension of time, with a copy given to the personal representative.
(ii)
For good cause shown, the court may extend the time for election for a period not to exceed 3 months at a time.
(b)
The surviving spouse may withdraw the election at any time before the expiration of the time for making the election to take an elective share.