2010 Maryland Code
ESTATES AND TRUSTS
TITLE 3 - INTESTATE SUCCESSION AND STATUTORY SHARES
Subtitle 2 - Family Allowance and Statutory Share of Surviving Spouse
Section 3-203 - Right to elective share.

§ 3-203. Right to elective share.
 

(a)  "Net estate" defined.- In this section, "net estate" means the property of the decedent passing by testate succession, without a deduction for State or federal estate or inheritance taxes, and reduced by: 

(1) Funeral and administration expenses; 

(2) Family allowances; and 

(3) Enforceable claims and debts against the estate. 

(b)  In general.- Instead of property left to the surviving spouse by will, the surviving spouse may elect to take a one-third share of the net estate if there is also a surviving issue, or a one-half share of the net estate if there is no surviving issue. 

(c)  Limitation.- The surviving spouse who makes this election may not take more than a one-half share of the net estate. 

(d)  Valuation.- For the purposes of this section, the net estate and the property allocable to a share of a surviving spouse shall be valued as of the date or dates of distribution. 

(e)  Applicable share; adjustment.-  

(1) For the purposes of this section, a surviving spouse who has elected to take against a will shall be entitled to the surviving spouse's portion of the income earned on the net estate during the period of administration based on a one-third or one-half share, whichever is applicable. 

(2) If one or more distributions have been made to a surviving spouse or another person that require an adjustment in the relative interests of the beneficiaries, the applicable share shall be adjusted. 
 

[An. Code 1957, art. 93, § 3-203; 1974, ch. 11, § 2; 1978, ch. 111; 1992, ch. 346; 2003, ch. 234.] 
 

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.