# Estates and Trusts (GET)

## Title 3. Intestate Succession and Statutory Shares

### Subtitle 4. Elective Share of Surviving Spouse

#### Section 3-411

(a) On the election of the surviving spouse to take an elective share under this subtitle, all property or other benefits that would have passed to the surviving spouse under the will, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died before the execution of the will.

(b) The surviving spouse and a person claiming through the surviving spouse may not receive property under the will, other than property forming any portion of the spousal benefits.

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