Maryland § 3-405

§ 3-405.

    (a)    The right of election of a surviving spouse:

        (1)    Is personal to the surviving spouse;

        (2)    Is not transferable; and

        (3)    Cannot be exercised after the surviving spouse’s death.

    (b)    Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17–101(c) of this article, the election may be exercised by:

        (1)    An order of the court having jurisdiction of the person or property of the minor or incapacitated person;

        (2)    A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or

        (3)    An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.

    (c)    (1)    Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent 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 under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.

        (2)    An exercise of a right of election under subsection (b) of this section is valid unless:

            (i)    Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and

            (ii)    Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.