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Statutes Text

Article - Estates and Trusts


    (a)    (1)    The election by a surviving spouse to take an elective share shall be made within the later of:

            (i)    9 months after the date of the decedent’s death; or

            (ii)    6 months after the first appointment of a personal representative.

        (2)    (i)    Within the period for making an election, the surviving spouse may file with the court a petition for an extension of time, with a copy given to the personal representative.

            (ii)    For good cause shown, the court may extend the time for election for a period not to exceed 3 months at a time.

    (b)    The surviving spouse may withdraw the election at any time before the expiration of the time for making the election to take an elective share.

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