# Estates and Trusts (GET)

## Title 3. Intestate Succession and Statutory Shares

### Subtitle 4. Elective Share of Surviving Spouse

#### Section 3-407

(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.

---

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