Md. Code, Estates and Trusts § 3-407
This is the official text of Md. Code, Estates and Trusts § 3-407, part of Maryland’s Code, Estates and Trusts — governs wills, trusts, and probate.
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§3–407.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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