Maryland Statutes
Subtitle 4 - Elective Share of Surviving Spouse
Section 3-408 - Requirements for Making an Election

(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)”.

Structure Maryland Statutes