{"data":{"id":"us-md/md.-code-estates-and-trusts-3-405","jurisdiction":"us-md","citation":"Md. Code, Estates and Trusts § 3–405","heading":"","body":"(a) The right of election of a surviving spouse:\n(1) Is personal to the surviving spouse;\n(2) Is not transferable; and\n(3) Cannot be exercised after the surviving spouse’s death.\n(b) Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17–101(c) of this article, the election may be exercised by:\n(1) An order of the court having jurisdiction of the person or property of the minor or incapacitated person;\n(2) A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or\n(3) An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.\n(c) (1) Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:\n(i) All interested persons in the decedent’s estate; and\n(ii) All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.\n(2) An exercise of a right of election under subsection (b) of this section is valid unless:\n(i) Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and\n(ii) Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.","path":["Article - Estates and Trusts"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get\u0026section=3-405","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:07Z","sha256":"f177347e20d8b9b94b3e885efa3079b37480086684126b18c03ae5fe662f3373","source_id":"us-md","stale":false,"prev":"us-md/md.-code-estates-and-trusts-3-404","next":"us-md/md.-code-estates-and-trusts-3-406"},"notice":"GroundRules: Original legal text. Not legal advice."}