What is the Spouse’s Elective Share in Maryland Probate?

In Maryland probate, the spouse elective share provides financial protection for a surviving spouse, even if they are left out of a last will and testament. The elective share allows a surviving spouse to receive a fixed portion of the deceased spouse’s estate.

This percentage is determined by whether the decedent is survived by children or grandchildren. If so, the surviving spouse is entitled to one-third of the net estate of the deceased spouse. If the decedent has no surviving descendants, the surviving spouse is entitled to one-half of the net estate. Maryland law considers both probate and certain non-probate assets, such as revocable trusts or jointly held property, when determining the amount a surviving spouse may receive.

To claim the elective share, the surviving spouse must file an election with the court in the county where the estate is being administered. This must be filed within six months of the date of the spouse’s death, or six months after the Personal Representative has been appointed. Failure to file within these timeframes will waive the right to the elective share.

Working with an experienced probate attorney can help ensure compliance with Maryland state laws. For a free, confidential conversation to discuss the spouse elective share or the probate process in general, contact Maryland estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

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