# Estates and Trusts (GET)

## Title 3. Intestate Succession and Statutory Shares

### Subtitle 4. Elective Share of Surviving Spouse

#### Section 3-408

(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 Sec. 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 Sec. 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 Sec. 3-403 of

the Estates and Trusts Article of the Annotated Code of Maryland.

........................

(Signature)".

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