Maryland Statutes
Subtitle 4 - Elective Share of Surviving Spouse
Section 3-405 - Right of Election of Surviving Spouse

(a)    The right of election of a surviving spouse:
        (1)    Is personal to the surviving spouse;
        (2)    Is not transferable; and
        (3)    Cannot be exercised after the surviving spouse’s death.
    (b)    Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17–101(c) of this article, the election may be exercised by:
        (1)    An order of the court having jurisdiction of the person or property of the minor or incapacitated person;
        (2)    A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or
        (3)    An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.
    (c)    (1)    Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:
            (i)    All interested persons in the decedent’s estate; and
            (ii)    All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.
        (2)    An exercise of a right of election under subsection (b) of this section is valid unless:
            (i)    Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and
            (ii)    Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.

Structure Maryland Statutes