Section 3-408 - Requirements for making an election(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; or2. 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. |
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(Signature)". |
Added by 2019 Md. Laws, Ch. 435, Sec. 1, eff. 10/1/2020.