2010 Maryland Code
ESTATES AND TRUSTS
TITLE 3 - INTESTATE SUCCESSION AND STATUTORY SHARES
Subtitle 2 - Family Allowance and Statutory Share of Surviving Spouse
Section 3-206 - Time limitation for making election; withdrawal.
§ 3-206. Time limitation for making election; withdrawal.
(a) In general; extension.-
(1) The election by a surviving spouse to take an elective share shall be made within the later of:
(i) Nine months after the date of the decedent's death; or
(ii) Six months after the first appointment of a personal representative under a will.
(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 three months at a time.
(b) Withdrawal.- 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.
[An. Code 1957, art. 93, § 3-206; 1974, ch. 11, § 2; 1989, ch. 496, § 1; 1993, ch. 279; 2003, ch. 234; 2010, ch. 146.]
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