Md. Code, Estates and Trusts § 3-408
This is the official text of Md. Code, Estates and Trusts § 3-408, part of Maryland’s Code, Estates and Trusts — governs wills, trusts, and probate.
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§3–408.
Official statutory text
(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)”.
(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)”.
Status: in_force · Read it on the official government site
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