Md. R. Estate Settlem. 6-411

As amended through April 5, 2024

Rule 6-411 - Election to Take Elective Share

(a) Form of Election. A surviving spouse may elect to take a statutory share by the timely filing of an election in the following form:

(1) By Surviving Spouse

A surviving spouse may elect to take a statutory an elective share by the timely filing of an election in the court in which the personal representative of the decedent was appointed. If the election is filed prior to the appointment of the personal representative, the spouse may file with the register in the county in which the decedent was domiciled or in any county in which the decedent resided on the date of the decedent's death or in which real property or a leasehold interest in real property of the decedent is located.

The election shall be substantially in the following form:

[CAPTION]

ELECTION TO TAKE ELECTIVE SHARE OF ESTATE

I, __________________________, surviving spouse of _____________________________, late of ________________________________________(County) (City), 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.

Witness:

_______________________	_______________________
	Surviving Spouse

	Date: _____________________
_______________________	If There is No Attorney:
Attorney
_______________________	______________________
Address	Surviving Spouse's Address
_______________________
_______________________	______________________
Telephone Number	Surviving Spouse's Telephone Number
_______________________	______________________
Facsimile Number	Surviving Spouse's Facsimile Number
_______________________	______________________
E-mail Address	Surviving Spouse's E-mail Address

Cross Reference: Code, Estates and Trusts Article, § 3-408.

(2) By the Guardian or Agent

(A) Subject to subsection (a)(2)(B) of this Rule, a specifically authorized guardian or agent of the surviving spouse may exercise the right of the surviving spouse to elect to take an elective share by timely filing the election substantially in the following form:

[CAPTION]

ELECTION TO TAKE ELECTIVE SHARE OF ESTATE

I, _______________________________, in my capacity as the specifically authorized guardian or agent of __________________, surviving spouse of____________________________________________, late of (County) (City), pursuant to § 3-405(b) of the Estates and Trusts Article of the Annotated Code of Maryland, hereby exercise the surviving spouse's election to take the surviving spouse's elective share of the decedent's estate pursuant to § 3-403 of the Estates and Trusts Article.

Witness:

____________________	____________________
	Guardian/Agent Signature
	Date ____________________
____________________ Attorney	If There is No Attorney:

____________________ Address	____________________ Guardian or Agent's Address

____________________ Telephone Number	____________________ Guardian or Agent's Telephone Number

____________________ Facsimile Number	____________________ Guardian or Agent's Facsimile Number

____________________ E-mail Address	____________________ Guardian or Agent's E-mail Address

Cross reference: Code, Estates and Trusts Article, § 3-405(b).

(B) Prior to or concurrent with the filing of an election pursuant to subsection (a)(2)(A) of this Rule, the guardian or agent promptly shall deliver notice of the election to (i) all interested persons in the decedent's estate and (ii) all persons who would inherit from the surviving spouse if the surviving spouse died intestate and unmarried at the time the election is made.

(C) An exercise of a right of election by a guardian or agent is valid unless (i) within 30 days after delivery of notice under subsection (a)(2)(B) a person with standing makes an objection in the court in which the election was filed and (ii) following a hearing the court finds that the election is not in the best interests of the surviving spouse.

Cross reference: Code, Estates and Trusts Article, § 3-405(c).

(b) Time Limitation for Making Election. An election to take an elective share shall be filed within the later of nine months after the date of the decedent's death or six months after the date of the first appointment of a personal representative, unless extended pursuant to this Rule.

Cross reference: Code, Estates and Trusts Article, § 3-407.

(c) Extension of Time for Making Election. Within the period for making an election, the surviving spouse or the specifically authorized guardian or agent of the surviving spouse may file with the court a petition for an extension of time. The petitioner shall deliver or mail a copy of the petition to the personal representative. For good cause shown, the court may grant extensions not to exceed three months at a time, provided each petition for extension is filed before the expiration of the period originally prescribed or before the expiration of any period extended by a previous order. The court may rule on the petition without a hearing or, if time permits, with a hearing.

If an extension is granted without a hearing, the register shall serve notice on the personal representative and such other persons as the court may direct. The notice shall be in the following form:

[CAPTION]

NOTICE OF EXTENSION OF TIME

TO ELECT ELECTIVE SHARE

On the _____ day of __________, __________, an extension
	(month)	(year)
of time to elect an elective share of the estate was granted to __, the decedent's surviving spouse or specifically authorized guardian or agent of the surviving spouse. The extension expires on the __________ day______ of ______________________, __________.
(month)	(year)

If you believe there is good cause to object to the extension, within 20 days after service of this notice you may file with the court, in writing, a petition to shorten the time for filing an election. A copy of the petition shall be served on the surviving spouse or specifically authorized guardian or agent of the surviving spouse.

_____________________________

(d) Withdrawal. The surviving spouse or the specifically authorized guardian or agent of the surviving spouse may file with the register a withdrawal of the election at any time before the expiration of the time, or any extension thereof granted by the court, for filing an election.

Md. R. Estate Settlem. 6-411

Adopted June 28, 1990, eff. 1/1/1991. Amended eff. 1/11/1994; 5/9/2000, eff. 7/1/2000; 11/12/2003, eff. 1/1/2004; 6/7/2011, eff. 7/1/2011; 9/17/2015, eff. 1/1/2016; amended March 30, 2021, eff. 7/1/2021.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order, in section (c), in the form, deleted the prefix "19 in the year.

2003 Orders

The November 12, 2003, order, in section (b), changed the time to file an election to take a statutory share from seven months to the later of nine months after the decedent's death or six months after the personal representative's appointment.

2011 Orders

The June 7, 2011, order, in section (c), in the introductory paragraph, substituted "provided each petition for extension is filed for "provided each extension is granted; substituted "before the expiration of any period extended by a previous order for "extended by a previous order.

2015 Orders

The September 17, 2015, order, added lines to the form for an attorney's facsimile number and e-mail address.