§ 3-408
192 words·~1 min read·
/md/estates-and-trusts/3-408A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–408.
(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)”.