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Statutes Text

Article - Estates and Trusts




§3–408.

    (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)”.

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