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Section 3-408 - Requirements for Making an Election — Maryland Law | CourtGPT
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  7. Section 3-408 - Requirements for Making an Election
Maryland Legal Code

Section 3-408 - Requirements for Making an Election

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(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 totake my elective share of the decedent’s estate subject to election under § 3–403 ofthe Estates and Trusts Article of the Annotated Code of Maryland. …………………… (Signature)'.