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Spousal Elective Share Law in Maryland

In Maryland, a surviving spouse can elect one-third of the estate subject to election if there are surviving children or other issue, or one-half if not, within the later of 9 months after death or 6 months after the first appointment of a personal representative.

Last checked . General information, not legal advice.

Maryland at a glance

Elective share
1/3 with surviving issue, 1/2 without
Measured on the estate subject to election (an augmented estate that includes revocable trusts and joint property), reduced by spousal benefits.
Deadline to elect
9 months after death or 6 months after appointment, if later
The court can extend the time for good cause, up to 3 months at a time, if asked before the deadline.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Maryland

How much can a surviving spouse claim in Maryland if left out of the will?

Elective share in Maryland: 1/3 with surviving issue, 1/2 without. Measured on the estate subject to election (an augmented estate that includes revocable trusts and joint property), reduced by spousal benefits.

What is the deadline to claim the elective share in Maryland?

Deadline to elect in Maryland: 9 months after death or 6 months after appointment, if later. The court can extend the time for good cause, up to 3 months at a time, if asked before the deadline.

Is Maryland a community property state?

No. Community property state in Maryland: no. Not on the IRS list of community property states.

Where do the Maryland spousal elective share laws come from?

The rules above come from Md. Code, Est. & Trusts 3-403, Md. Code, Est. & Trusts 3-407 and Md. Code, Est. & Trusts 3-404. Each source is linked on this page. We last checked them in October 2026.

Good to know

Maryland's elective share is in Estates and Trusts 3-401 to 3-411, which measure the share on an augmented estate that adds revocable trusts, qualifying joint interests and certain lifetime transfers to the probate estate.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.