Article - Estates and Trusts
§3–203. IN EFFECT
** IN EFFECT UNTIL OCTOBER 1, 2020 PER CHAPTER 435 OF 2019**
(a) In this section, “net estate” means the property of the decedent passing by testate succession, without a deduction for State or federal estate or inheritance taxes, and reduced by:
(1) Funeral and administration expenses;
(2) Family allowances; and
(3) Enforceable claims and debts against the estate.
(b) Instead of property left to the surviving spouse by will, the surviving spouse may elect to take:
(1) A one–third share of the net estate if there is also a surviving issue; or
(2) A one–half share of the net estate if there is no surviving issue.
(c) The surviving spouse who makes this election may not take more than a one–half share of the net estate.
(d) For the purposes of this section, the net estate and the property allocable to a share of a surviving spouse shall be valued as of the date or dates of distribution.
(e) (1) For the purposes of this section, a surviving spouse who has elected to take against a will shall be entitled to the surviving spouse’s portion of the income earned on the net estate during the period of administration based on a one–third or one–half share, whichever is applicable.
(2) If one or more distributions have been made to a surviving spouse or another person that require an adjustment in the relative interests of the beneficiaries, the applicable share shall be adjusted.