Maryland § 3-408
Full text of Maryland Maryland Code § 3-408, with citation guidance and answers to common questions.
§ 3-408.
(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 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.
……………………
(Signature)”.
Frequently Asked Questions About Maryland § 3-408
What does Maryland Code § 3-408 cover?
Section 3-408 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 3-408?
A common citation format is "Maryland Code § 3-408" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 3-408 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.