The surviving spouse may elect to take an elective share of an estate subject to election as follows:
(1) If there is surviving issue, the elective share shall equal one–third of the value of the estate subject to election, reduced by the value of all spousal benefits; or
(2) If there is no surviving issue, the elective share shall equal one–half of the value of the estate subject to election, reduced by the value of all spousal benefits.
Structure Maryland Statutes
Title 3 - Intestate Succession and Statutory Shares
Subtitle 4 - Elective Share of Surviving Spouse
Section 3-403 - Amount of Elective Share
Section 3-404 - Augmented Estate
Section 3-405 - Right of Election of Surviving Spouse
Section 3-406 - Waiver of Right of Election
Section 3-407 - Timing of Election; Withdrawal
Section 3-408 - Requirements for Making an Election
Section 3-409 - Calculation of Elective Share
Section 3-410 - Payment of Elective Share
Section 3-411 - Treatment of Property or Other Benefits Upon Election
Section 3-412 - Statement of Payment of Elective Share
Section 3-413 - Actions by Court in Action Arising Under Subtitle