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RULE 6-411. ELECTION TO TAKE ELECTIVE SHARE

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 400. Administration of Estates
Effective: July 1, 2021
MD Rules, Rule 6-411
RULE 6-411. ELECTION TO TAKE ELECTIVE SHARE
Currentness
(a) Form of Election.
(1) By Surviving Spouse. A surviving spouse may elect to take 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:
 
 
If There is No Attorney:
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 __________ (month), ___ (year), an extension 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.
 
Register of Wills
(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.

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended eff. Jan. 11, 1994; May 9, 2000, eff. July 1, 2000; Nov. 12, 2003, eff. Jan. 1, 2004; June 7, 2011, eff. July 1, 2011; Sept. 17, 2015, eff. Jan. 1, 2016; March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 6-411, MD R DEC EST Rule 6-411
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
End of Document