Elective Share in Maryland
State-specific overview · Estate & Probate
A surviving spouse receives one-third of the estate if children survive, or one-half if no children exist.
How Maryland treats Elective Share
Maryland law provides a surviving spouse with an elective share that depends on whether the deceased left surviving children or other descendants. If children or grandchildren survive, the spouse elects one-third of the net probate estate. If no descendants survive, the spouse elects one-half of the net probate estate. The surviving spouse must exercise this election within a time period set by the probate court, typically within months of the estate's opening.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maryland.