{"data":{"id":"us-md/md.-code-estates-and-trusts-3-408","jurisdiction":"us-md","citation":"Md. Code, Estates and Trusts § 3–408","heading":"","body":"(a) (1) An election to take an elective share under this subtitle:\n(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\n(ii) 1. Shall be filed in the court in which the personal representative of the decedent was appointed; or\n2. 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.\n(2) Notice of the filing of an election to take an elective share under paragraph (1) of this subsection may be delivered to:\n(i) The trustee of each revocable trust of the decedent; or\n(ii) The person responsible for filing the estate tax return, if different from the trustee.\n(b) The election may be in the following form:\n“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.\n……………………\n(Signature)”.","path":["Article - Estates and Trusts"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get\u0026section=3-408","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:07Z","sha256":"f9f970858757cc015960404dac1cd248a37407653ca044e82f9f75db100f449e","source_id":"us-md","stale":false,"prev":"us-md/md.-code-estates-and-trusts-3-407","next":"us-md/md.-code-estates-and-trusts-3-409"},"notice":"GroundRules: Original legal text. Not legal advice."}