Md. Rule 6-411 (2026)
Md. Rule 6-411. Election to Take Elective Share
(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