§ 3-407. Timing of election; withdrawal.

MD Est & Trusts Code § 3-407 (2019) (N/A)
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** TAKES EFFECT OCTOBER 1, 2020 PER CHAPTER 435 OF 2019 **

(a)    (1)    The election by a surviving spouse to take an elective share shall be made within the later of:

(i)    9 months after the date of the decedent’s death; or

(ii)    6 months after the first appointment of a personal representative.

(2)    (i)    Within the period for making an election, the surviving spouse may file with the court a petition for an extension of time, with a copy given to the personal representative.

(ii)    For good cause shown, the court may extend the time for election for a period not to exceed 3 months at a time.

(b)    The surviving spouse may withdraw the election at any time before the expiration of the time for making the election to take an elective share.