Md. Code Ann., Est. & Trusts § 3-408
Redline — January 1, 2021 → current.View current text →
Current — January 1, 2023
As of January 1, 2021
(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.
(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 totake my elective share of the decedent’s estate subject to election under § 3–403 ofthe Estates and Trusts Article of the Annotated Code of Maryland. (Signature)”.
(a) On receipt of a written request by the surviving spouse, all information necessary to calculate the elective share under this subtitle shall be delivered to the surviving spouse by, as applicable:
(1) The personal representative of the decedent;
(2) The trustee of any revocable trust of the decedent; or
(3) The person responsible for filing the estate tax return.
(b) (1) The filing of an election to take the elective share under § 3–407 of this subtitle is deemed to give adequate notice of the election to, as applicable:
(i) The personal representative of the decedent;
(ii) The trustee of any revocable trust of the decedent; or
(iii) The person responsible for filing the estate tax return.
(2) The person receiving notice of an election to take the elective share under paragraph (1) of this subsection shall promptly deliver notice of the election to each person from whom any portion of the elective share may be payable.
(c) Within 60 days after the date a trustee of a revocable trust of the decedent acquires knowledge of the decedent’s death, the trustee shall notify the surviving spouse of the existence of the trust, of the identity of the trustees, and of the surviving spouse’s right to request a copy of the trust instrument.
(d) On receipt of a written request by the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the surviving spouse shall deliver to the person making the request all information relevant to the calculation of the elective share under this subtitle that is in the possession of the surviving spouse and not otherwise available to the person making the request.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.