§ 3–408
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 3-408 (2026)
Title 3. Intestate Succession and Statutory Shares
Subtitle 4. Elective Share of Surviving Spouse
§ 3–408LinkCopy Citation
(a)
(1)
An election to take an elective share under this subtitle:
(i)
Shall be in writing and signed by the surviving spouse or other person entitled to make the election under § 3–405 of this subtitle; and
(ii)
(1)
Shall be filed in the court in which the personal representative of the decedent was appointed; or
(2)
If no personal representative of the decedent has been appointed, shall be filed in the court for the jurisdiction in which the venue would be proper under § 5–103 of this article.
(2)
Notice of the filing of an election to take an elective share under paragraph (1) of this subsection may be delivered to:
(i)
The trustee of each revocable trust of the decedent; or
(ii)
The person responsible for filing the estate tax return, if different from the trustee.
(b)
The election may be in the following form:
“I, A.B., surviving spouse of C. D., late of the County (City) of………… elect to
take my elective share of the decedent’s estate subject to election under § 3–403 of
the Estates and Trusts Article of the Annotated Code of Maryland.
……………………
(Signature)”.