reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 1 - The Probate Court › Section 2-107 - Chief Judge

(a)    (1)    Except in Harford County and Montgomery County, the Governor shall designate and commission one of the three judges of the Court in each county as Chief Judge of the Court.
(2)    Full power and authority are vested in each judge designated and commissioned as chief judge to act as chief judge.
(3)    Any writ and other process tested in the name of the chief judge is valid for any purpose.
(b)    (1)    A reference in the estates of decedents law to the chief judge of the court of a county means, with regard to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans’ Court.
(2)    A reference to the judges of the court in plural number means, with respect to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans’ Court, unless the section otherwise specifically provides.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 1 - The Probate Court › Section 2-109 - Restriction on Judge's Practice of Law

(a)    Except as provided in subsection (b) of this section, a judge of the court may not act as an attorney at law in a civil or criminal matter during a term of office.
(b)    This section does not apply:
(1)    In Harford County;
(2)    In Montgomery County;
(3)    In Baltimore City, to a judge of the Court while practicing law before any court of the State except an orphans’ court; or
(4)    In Prince George’s County, Baltimore County, Calvert County, and Howard County, to a judge of the Court while practicing law in connection with a case that is:
(i)    Outside the jurisdiction of orphans’ court; and
(ii)    Unrelated to the administration of an estate or guardianship.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-202.1 - Oath of Deputies and Clerks of Register

Before assuming the duties of office, each deputy and clerk of a register shall take and subscribe the following oath:
I, (name), do swear that I will not for money, profit, or malice delay any person who applies to me for any business of the office of the register, or directly or indirectly ask, take, exact, demand, or receive from or charge to that person to my own use any fee or reward for any service I may do as a deputy or clerk of the register, and that in charging the fees of the office of the register I will not willingly charge other or higher fees than the law allows.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-203 - Fees and Gifts Prohibited

(a)    Except as provided in subsection (d) of this section with respect to an estate being administered or about to be administered in the office of the register, a register, deputy, clerk, or any other employee may not ask for, take, or receive from a person a fee, commission, gratuity, gift, or reward for performing a service.
(b)    The service referred to in subsection (a) of this section includes:
(1)    Giving advice;
(2)    Referring business;
(3)    Performing a service other than for actual expenses of travel incurred in connection with the probate of a will; or
(4)    Acting as agent, representative or in any other capacity for a surety corporation for which compensation is given directly or indirectly.
(c)    Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each offense.
(d)    This section does not apply to the payment of a fee authorized by § 2–206 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-204 - Bond

(a)    (1)    At the time of assuming office, the register shall give bond to the State.
(2)    The provisions of § 2–105(b), (d), (e), and (f) of the Courts Article shall be applicable to the bond.
(3)    The bond shall be for the term of the register’s office in the form and for the penalty the Comptroller prescribes, with the advice of the Legislative Auditor.
(4)    The Comptroller may require that the penalty of a bond be supplemented or increased.
(b)    If the register fails to give bond before the register acts as register, the register is guilty of a misdemeanor and on conviction shall pay a fine of $1,000.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-205 - Salary

(a)    (1)    It is the intent of this section that each register shall receive a fair and adequate compensation for the effort and duties required of the register by the register’s office.
(2)    The volume and character of work done by the register shall be in comparison to the salary fixed by the Board of Public Works for each of the other registers.
(b)    (1)    Each register is entitled to receive an annual salary of not more than $146,500, to be determined in each instance by the Board of Public Works.
(2)    In determining the annual salary of the register, the Board of Public Works shall be guided in the exercise of its discretion by:
(i)    The population of the county determined by the last official United States census;
(ii)    The dollar volume of total fees and taxes collected and excess fees turned over to the State for each of the preceding 5 years by the office of the register for which the salary is being fixed; and
(iii)    Other pertinent data which have relation to the reasonableness of the salary in relation to the work done and volume handled by the office.
(c)    The minimum annual salary for the register in Baltimore City is $12,000.
(d)    (1)    The salaries of the registers shall be paid semimonthly from the fees and receipts of the office, after deducting the expenses of the office.
(2)    Expenses include salaries of deputies and clerks, books, stationery, office supplies, and other necessary and customary expenses of doing business.
(e)    (1)    (i)    If the fees and receipts of the office are insufficient in any fiscal year to pay all or a part of the expenses of the office and authorized salary of a register, the deficiency shall be funded from the taxes remitted to the Comptroller by the register during that fiscal year.
(ii)    Written authority for the transfer of funds shall be first obtained from the Comptroller.
(2)    In the event that tax collections for the fiscal year are insufficient, the Comptroller shall make up the deficit from excess fees remitted from all other registers.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-207 - Report of Fees and Expenses; Excess of Fees; Deposit of Fees

(a)    (1)    Every register shall return annually to the Comptroller a full and accurate account of the fees and receipts of the register’s office and of the expenses incident to the proper conduct of the register’s office.
(2)    The account shall be verified and in the form and supported by the proof prescribed by the Comptroller.
(b)    The excess of fees and receipts over expenses shall be delivered by the register to the Comptroller with each report.
(c)    The Comptroller shall deposit the fees received under this section in the General Fund of the State.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-209 - Custody of Original Wills and Other Papers

(a)    Any will, probated, or any paper filed in the office of the register may not be delivered out of the office to any person.
(b)    When a will or other paper is properly demanded for introduction in evidence, it shall be presented under the care of the register or the register’s deputy.
(c)    (1)    The register may comply with subsection (a) of this section by
retaining a permanent paper file of a probated will in the office and a copy of any other file associated with the estate in paper, photographic, microprocessed, magnetic, mechanical, electronic, digital, or any other medium if the copy is maintained in a manner that:
(i)    Is clear and legible;
(ii)    Accurately reproduces the original document in its entirety, including any attachments to the document;
(iii)    Is capable of producing a clear and legible hard copy of the original document; and
(iv)    Preserves evidence of any signature contained on the document.
(2)    No sooner than 180 days following the closing of an estate, the register may dispose of any file associated with the estate other than the will if a copy of the file is retained by the register in accordance with paragraph (1) of this subsection.
(3)    In consultation with the Comptroller and the State Archives to ensure uniform application throughout the State, the register shall develop standards in accordance with paragraph (1) of this subsection.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-210 - Personal Notice to Heirs and Legatees

Within five days after receiving the text of the first published newspaper notice as provided in § 7–103 of this article and the written notice from the personal representative of the names and addresses of the heirs and legatees as provided in § 7–104 of this article, the register shall forward to each such person a copy of the newspaper notice published according to § 7–104 of this article, in the manner prescribed in § 1–103(a) of this article, directed according to the information received from the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-211 - Maintenance of Permanent Records

(a)    The register shall maintain in the register’s office, for the purpose of recording the proceedings in connection with the administration of estates, a wills record book, an administration proceedings record book, a release record book, and a claims docket in addition to the claims against the nonresident decedents book described in § 5-503 of this article.
(b)    Immediately upon the administrative or judicial probate of a will the register shall record it, with every paper incidental to probate, in the wills record book, and the register shall index it under the name of the decedent.
(c)    Upon the final approval of the final administration account, all inventories, accounts, petitions, notices to creditors, and orders of court shall be recorded by the register in the administration proceedings record book, and indexed under the name of the decedent.
(d)    Every release shall be promptly recorded by the register in the release record book, in the order of their filing, and shall be indexed under the name of the releasor.
(e)    (1)    Every claim filed with the register under the provisions of § 8-104(c) of this article shall be entered by the register in the claims docket promptly upon receipt so that the record shall show the name of the claimant, the nature of the claim, and the amount of the claim.
(2)    Every entry relating to an estate or a decedent shall be indexed under the name of the decedent.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 2 - Register of Wills › Section 2-212 - Instructional Materials; Duties of Registers

(a)    In cooperation with the registers, the Attorney General shall:
(1)    Make available to the public basic instructional materials to assist the public in the procedure and preparation of forms for probate; and
(2)    Review the instructional materials on a regular basis and update them as necessary.
(b)    The registers and designated employees of the registers shall:
(1)    Provide the materials required under subsection (a) of this section to the public; and
(2)    Assist and advise any person who requests assistance or advice in the preparation of any forms for administrative probate under this article.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 3 - Appraisers › Section 2-301 - Appointment by Register; Fees

(a)    (1)    The register may appoint a reasonable number of standing appraisers to serve at the register’s pleasure.
(2)    Subject to the approval of the Comptroller, the register may fix the conditions of their employment and their remuneration.
(b)    (1)    If a register exercises the register’s authority to appoint standing appraisers, all property required to be independently appraised but not appraised by special appraisers under § 7–202(e) of this article shall be appraised by standing appraisers.
(2)    If a register does not appoint standing appraisers, the register shall, with respect to any estate which contains property required to be independently appraised but not appraised by special appraisers, appoint general appraisers as provided in § 2–302 of this subtitle.
(c)    An appraisal fee is payable only to a person making an appraisal requested by the personal representative, and is always subject to review by the court.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 3 - Appraisers › Section 2-302 - Designation of General Appraisers

(a)    On application by the personal representative in accordance with § 7–202(b) of this article for the appointment of general appraisers, the register shall designate one or more qualified persons not related to the decedent nor interested in the administration.
(b)    On designation of the general appraisers, the register shall issue a warrant authorizing and directing them jointly to appraise all property of the estate of the decedent required to be independently appraised but not specially appraised under § 7–202(e) of this article.
(c)    If an appraiser shall fail to act, the register shall make a new designation and issue a new warrant on application by the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 3 - Appraisers › Section 2-303 - Duty of Appraisers

(a)    An appraiser shall perform his duty expeditiously.
(b)    (1)    The appraisal shall be in columnar form, and state generally each item that has been appraised and the value of each item in dollars and cents.
(2)    The appraisal shall contain a statement signed and verified by the appraisers certifying that they have impartially valued the property described in the appraisal to the best of their skill and judgment.
(c)    The appraisal shall immediately on completion and verification be delivered to the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-101 - Order of Distribution of Net Intestate Estate

Any part of the net estate of a decedent not effectively disposed of by the decedent’s will shall be distributed by the personal representative to the heirs of the decedent in the order prescribed in this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-102 - Share of Surviving Spouse or Registered Domestic Partner

(a)    The share of a surviving spouse shall be as provided in this section.
(b)    If there is a surviving minor child, the share shall be one–half.
(c)    If there is no surviving minor child, but there is surviving issue, the share shall be the first $40,000 plus one–half of the residue.
(d)    If there is no surviving issue but a surviving parent, and the surviving spouse and the decedent had been married for less than 5 years, the share shall be the first $40,000 plus one–half of the residue.
(e)    If there is no surviving issue but a surviving parent, and the surviving spouse and the decedent had been married for at least 5 years, the share shall be the whole estate.
(f)    If there is no surviving issue or parent, the share shall be the whole estate.
(g)    For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7–308 of the Tax – General Article.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-103 - Division Among Surviving Issue

The net estate, exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be divided equally among the surviving issue, by representation as defined in § 1–210 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-105 - Escheat

(a)    (1)    (i)    The provisions of this subsection are applicable if there is no person entitled to take under §§ 3–102 through 3–104 of this subtitle.
(ii)    The provisions of this subsection do not apply to any portion of a decedent’s estate that is comprised of land that is the subject of an application for a certificate of reservation for public use under Title 13, Subtitle 3 of the Real Property Article.
(2)    (i)    If an individual was a recipient of long–term care benefits under the Maryland Medical Assistance Program at the time of the individual’s death, the net estate shall be converted to cash and paid to the Maryland Department of Health, and shall be applied for the administration of the program.
(ii)    If the provisions of subparagraph (i) of this paragraph are not applicable, the net estate shall be converted to cash and paid to the board of education in the county in which the letters were granted, and shall be applied for the use of the public schools in the county.
(b)    (1)    After payment has been made to the Maryland Department of Health or to the board of education, if a claim for refund is filed by a relative within the fifth degree living at the death of the decedent or by the personal representative of the relative, and the claim is allowed, the claimant shall be entitled to a refund, without interest, of the sum paid.
(2)    A claim for refund under this subsection may not be filed after the later of:
(i)    3 years after the death of the decedent; or
(ii)    1 year after the time of distribution of the property.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-106 - Advancement

(a)    If a decedent dies intestate as to a part of the decedent’s net estate, property which the decedent gave in the decedent’s lifetime to an heir shall be treated as an advancement against the share of the latter of the net estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.
(b)    For this purpose the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property.
(c)    If the recipient of the property fails to survive the decedent, the property shall be taken into account in computing the share of the issue of the recipient.
(d)    An advancement to an heir other than the surviving spouse may not increase the share of the surviving spouse under § 3–102 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-107 - After-Born Child

(a)    A child of the decedent who is conceived before the death of the decedent, but born afterwards shall inherit as if the child had been born in the lifetime of the decedent.
(b)    No other after–born relation may be considered as entitled to distribution in the relation’s own right unless:
(1)    The decedent had consented in a written record to use of the decedent’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article;
(2)    The decedent consented in a written record to be the parent of a child posthumously conceived using the person’s genetic material; and
(3)    The child posthumously conceived using the decedent’s genetic material is born within 2 years after the death of the decedent.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-108 - Inheritance by Parent or Parent's Relatives

(a)    Except as provided in subsection (b) of this section, property of an illegitimate person passes in accordance with the usual rules of intestate succession.
(b)    The father or the father’s relations of an illegitimate person can inherit only if the illegitimate person is treated as the child of the father pursuant to § 1–205(a)(2) or § 1–208 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-110 - Certain Heirs Not Surviving Decedent for 30 Days

(a)    If a descendant, ancestor, or descendant of an ancestor of the decedent, fails to survive the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent:
(1)    Shall be considered to have predeceased the decedent for purposes of intestate succession; and
(2)    Is not to be entitled to the rights of an heir.
(b)    If the time of death of the decedent or of the descendant, ancestor, or descendant of an ancestor of the decedent, who would otherwise be an heir, or the times of death of both, cannot be determined, so that it cannot be established that the descendant, ancestor, or descendant of an ancestor of the decedent has survived the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent may not be considered to have survived for the required period.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-111 - Prohibition of Distribution Upon Commitment of Certain Crimes or Acts

A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a child of the parent if:
(1)    (i)    The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or
(ii)    The parent committed any act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;
(2)    The other parent of the child is the victim of the crime or act described under item (1) of this section; and
(3)    The other parent of the child is a child of the parent.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 1 - Intestate Succession › Section 3-112 - Abandonment or Failure to Support Minor Child

(a)    A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a minor child of the parent if the parent:
(1)    Abandoned the child; or
(2)    Willfully failed to contribute to the support of the child for at least 3 consecutive years immediately preceding the death of the child or for the life of the child, whichever is less.
(b)    A parent shall be deemed to have abandoned a minor child under subsection (a)(1) of this section if the conduct of the parent demonstrates a settled purpose willfully and intentionally to relinquish all parental rights and duties with respect to the child and to renounce and forsake the child entirely.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 2 - Family Allowance; Dower and Curtesy › Section 3-201 - Family Allowance

(a)    The surviving spouse is entitled to receive an allowance of $10,000 for personal use.
(b)    An allowance of $5,000 for the use of each unmarried child of the decedent who has not attained the age of 18 years at the time of the death of the decedent shall be paid by the personal representative as provided in § 13–501 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 3 - Statutory Share of Pretermitted Child and Issue › Section 3-301 - When Entitled to Share

(a)    A will may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator except under the circumstances referred to in § 4–105(3) of this article.
(b)    A child described in subsection (a) of this section or issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with §§ 3–302 and 3–303 of this subtitle, if:
(1)    The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will;
(2)    The child was born, adopted, or legitimated after the execution of the will;
(3)    The child, or the child’s issue, survive the testator; and
(4)    The will does not expressly state that the child, or the child’s issue, should be omitted.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 3 - Statutory Share of Pretermitted Child and Issue › Section 3-302 - Amount of Share

(a)    A child permitted to share in the estate of a decedent under § 3–301 of this subtitle shall receive from the personal representative an amount equal to the lesser of:
(1)    The distribution which the child would have taken in the event of intestacy; or
(2)    The value of all legacies to children of the testator and issue of deceased children divided by the total number of children of the testator who survive the testator and deceased children leaving issue who take under this subtitle, including the pretermitted child.
(b)    The issue of a pretermitted child who did not survive the testator may take the amount by representation.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 3 - Statutory Share of Pretermitted Child and Issue › Section 3-303 - Payment

(a)    Property distributed pursuant to § 3–302 of this subtitle shall be paid by the personal representative from the legacies of children of the testator and issue of deceased children who take by representation.
(b)    (1)    Each person shall contribute in the proportion which the person’s legacy bears to all legacies of children of the testator and issue of deceased children taking by representation.
(2)    Instead of contributing an interest in specific property to the pretermitted child, a legatee may pay the pretermitted child or the child’s issue, in cash or other property acceptable to the pretermitted child or the child’s issue, an amount equal to the fair market value of the interest in specific property as of the date of death of the testator.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-402 - Purposes

The purposes of this subtitle are:
(1)    To ensure that a surviving spouse is reasonably provided for during the surviving spouse’s remaining lifetime; and
(2)    Subject to item (1) of this section, to provide a testator flexibility in ordering the testator’s affairs.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-403 - Amount of Elective Share

The surviving spouse may elect to take an elective share of an estate subject to election as follows:
(1)    If there is surviving issue, the elective share shall equal one–third of the value of the estate subject to election, reduced by the value of all spousal benefits; or
(2)    If there is no surviving issue, the elective share shall equal one–half of the value of the estate subject to election, reduced by the value of all spousal benefits.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-405 - Right of Election of Surviving Spouse

(a)    The right of election of a surviving spouse:
(1)    Is personal to the surviving spouse;
(2)    Is not transferable; and
(3)    Cannot be exercised after the surviving spouse’s death.
(b)    Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17–101(c) of this article, the election may be exercised by:
(1)    An order of the court having jurisdiction of the person or property of the minor or incapacitated person;
(2)    A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or
(3)    An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.
(c)    (1)    Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:
(i)    All interested persons in the decedent’s estate; and
(ii)    All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.
(2)    An exercise of a right of election under subsection (b) of this section is valid unless:
(i)    Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and
(ii)    Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-406 - Waiver of Right of Election

(a)    The right of election of a surviving spouse may be waived before or after marriage by a written contract, agreement, or waiver signed by the party waiving the right of election.
(b)    Unless the waiver provides to the contrary, a waiver of “all rights”, or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of family allowance and elective share by each spouse in the property of the other and the right to letters under § 5–104 of this article, and is an irrevocable renunciation by each spouse of all benefits that would otherwise pass to the spouse from the other by intestate succession, by elective share, or by virtue of a will or revocable trust of the present or prospective spouse executed before the waiver or property settlement.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-407 - Timing of Election; Withdrawal

(a)    (1)    The election by a surviving spouse to take an elective share shall be made within the later of:
(i)    9 months after the date of the decedent’s death; or
(ii)    6 months after the first appointment of a personal representative.
(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 3 months at a time.
(b)    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.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-408 - Requirements for Making an Election

(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 to
take my elective share of the decedent’s estate subject to election under § 3–403 of
the Estates and Trusts Article of the Annotated Code of Maryland.
……………………
(Signature)”.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-409 - Calculation of Elective Share

(a)    On receipt of a written request by the surviving spouse, all information necessary to calculate the elective share under this subtitle shall be delivered to the surviving spouse by, as applicable:
(1)    The personal representative of the decedent;
(2)    The trustee of any revocable trust of the decedent; or
(3)    The person responsible for filing the estate tax return.
(b)    (1)    The filing of an election to take the elective share under § 3–407 of this subtitle is deemed to give adequate notice of the election to, as applicable:
(i)    The personal representative of the decedent;
(ii)    The trustee of any revocable trust of the decedent; or
(iii)    The person responsible for filing the estate tax return.
(2)    The person receiving notice of an election to take the elective share under paragraph (1) of this subsection shall promptly deliver notice of the election to each person from whom any portion of the elective share may be payable.
(c)    Within 60 days after the date a trustee of a revocable trust of the decedent acquires knowledge of the decedent’s death, the trustee shall notify the surviving spouse of the existence of the trust, of the identity of the trustees, and of the surviving spouse’s right to request a copy of the trust instrument.
(d)    On receipt of a written request by the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the surviving spouse shall deliver to the person making the request all information relevant to the calculation of the elective share under this subtitle that is in the possession of the surviving spouse and not otherwise available to the person making the request.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-411 - Treatment of Property or Other Benefits Upon Election

(a)    On the election of the surviving spouse to take an elective share under this subtitle, all property or other benefits that would have passed to the surviving spouse under the will, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died before the execution of the will.
(b)    The surviving spouse and a person claiming through the surviving spouse may not receive property under the will, other than property forming any portion of the spousal benefits.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-412 - Statement of Payment of Elective Share

(a)    (1)    On the final payment of an elective share, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, as appropriate, shall file with the register for the county in which the election under § 3–403 of this subtitle is filed a signed statement, which has been verified by the surviving spouse, stating the value of the elective share and that the elective share has been paid in full.
(2)    On the request of the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the register shall redact from the statement filed in accordance with paragraph (1) of this subsection the value of the elective share.
(b)    (1)    On the request of the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, any payor of any portion of the elective share, or any other person having an interest in the assets from which the elective share has been paid, the register shall certify in writing the accuracy of the calculation and payment of the elective share.
(2)    If a certification is requested under this subsection, the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, and any payor of any portion of the elective share shall deliver to the register any information and documentation that the register may deem necessary to verify the accurate calculation of the elective share and the payment of the elective share in full.
(3)    The register may not disclose any information or documentation submitted to the register in accordance with paragraph (2) of this subsection.
2023 Maryland Statutes › Estates and Trusts › Title 3 - Intestate Succession and Statutory Shares › Subtitle 4 - Elective Share of Surviving Spouse › Section 3-413 - Actions by Court in Action Arising Under Subtitle

In an action arising under this subtitle, a court may:
(1)    On a showing of clear and convincing evidence, modify:
(i)    The calculation of the value of an augmented estate;
(ii)    The calculation of the value of an estate subject to election;
(iii)    The calculation of the value of spousal benefits; or
(iv)    The sources of payment of an elective share;
(2)    Consider the circumstances of any transfer or arrangement, including:
(i)    The extent of control retained by the decedent;
(ii)    The motivation for the transfer or arrangement;
(iii)    The familial relationship between the decedent and the beneficiary of the transfer or arrangement;
(iv)    The degree, if any, to which the transfer or arrangement deprives the surviving spouse of property that otherwise might form part of the value of the augmented estate, estate subject to election, or spousal benefits;
(v)    The degree, if any, to which the transfer or arrangement provides a benefit to the surviving spouse beyond what would be available to the surviving spouse as part of the elective share;
(vi)    The length and nature of the relationship between the decedent and the surviving spouse;
(vii)    The nature and value of the surviving spouse’s assets; and
(viii)    The relationship of the beneficiary of the transfer or arrangement to any previous owner of the property subject to the transfer or arrangement;
(3)    Award reasonable attorney’s fees;
(4)    Pass orders requiring the holder or recipient of any portion of an augmented estate, an estate subject to election, or spousal benefits to provide any information that the court considers necessary to determine the value or sources of payment of an elective share; and
(5)    Transmit issues of fact relating to the value or sources of payment of an elective share to the circuit court of the county in which the election under § 3–403 of this subtitle is filed.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 1 - Execution, Revocation, and Revival › Section 4-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Electronic” means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(c)    “Electronic presence” means two or more individuals communicating in real time using electronic audio–visual means to the same extent as if the individuals were in the physical presence of each other.
(d)    “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(e)    “Electronic will” means a will containing one or more electronic signatures and executed in compliance with this subtitle.
(f)    “Physical presence” means being close enough to see, hear, and speak with another individual without using electronic audio–visual means.
(g)    “Record” means information readable as text that is inscribed on a tangible medium or that is stored in an electronic medium and retrievable in perceivable form.
(h)    “Remotely witnessed will” means a will that is:
(1)    Signed by the testator under circumstances where a witness is in the electronic presence, but not the physical presence, of the testator when the witness attests to and signs the will; and
(2)    Executed, prepared, and certified in compliance with § 4–102 of this subtitle.
(i)    “Sign” means, with present intent to authenticate or adopt a record, to:
(1)    Execute or adopt a tangible symbol; or
(2)    Attach to or logically associate with the record an electronic symbol, sound, or process.
(j)    “Supervising attorney” means an individual who has been admitted to practice law before the courts of this State and is in good standing.
(k)    “Will” means a record that the testator intends to adopt as the testator’s codicil or testamentary instrument and that:
(1)    (i)    Appoints a personal representative;
(ii)    Revokes or revises another will;
(iii)    Nominates a guardian;
(iv)    Directs the disposition of the testator’s property; or
(v)    Expressly excludes or limits the right of an individual or class to succeed to property of a decedent passing by intestate succession;
(2)    Is executed in the form prescribed under §§ 4–102 through 4–104 of this subtitle; and
(3)    Has not been revoked in a manner provided by § 4–105 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 1 - Execution, Revocation, and Revival › Section 4-103 - Holographic Will

(a)    A will entirely in the handwriting of a testator who is serving in the armed services of the United States is a valid holographic will if signed by the testator outside of a state of the United States, the District of Columbia, or a territory of the United States even if there are no attesting witnesses.
(b)    A holographic will is void one year after the discharge of the testator from the armed services unless the testator has died prior to expiration of the year or does not then possess testamentary capacity.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 1 - Execution, Revocation, and Revival › Section 4-104 - Will Made Outside Maryland

If a testator is physically outside the State at the time the testator executes the will, the will is properly executed if it is:
(1)    In writing;
(2)    Signed by the testator or by some other person on the testator’s behalf, in the testator’s physical presence, and by the testator’s express direction; and
(3)    Executed in conformity with:
(i)    The provisions of § 4–102 of this subtitle;
(ii)    The law of the domicile of the testator; or
(iii)    The law of the place where the testator is physically located at the time the testator signs the will.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 1 - Execution, Revocation, and Revival › Section 4-105 - Revocation of Will

(a)    Except as provided in subsection (b) of this section, a will, or any part of it, may not be revoked in any manner.
(b)    A will may be revoked under the following circumstances:
(1)    By provision in a subsequent, validly executed will that:
(i)    Revokes any prior will or part of it either expressly or by necessary implication; or
(ii)    Expressly republishes an earlier will that had been revoked by an intermediate will but is still in existence;
(2)    By burning, cancelling, tearing, or obliterating the will, by the testator, or by some other person in the testator’s presence and by the testator’s express direction and consent;
(3)    By subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by the testator provided the child or the child’s descendant survives the testator; and all wills executed before the marriage shall be revoked; or
(4)    By an absolute divorce of a testator and the testator’s spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator’s will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 1 - Execution, Revocation, and Revival › Section 4-106 - Revival of Will

If a testator makes a subsequent will intended to revoke a prior will, the destruction or other revocation of the subsequent will does not revive the prior will unless the will is still in existence and is republished with the same formalities as are required for the execution of a will in this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 1 - Execution, Revocation, and Revival › Section 4-107 - Incorporation by Reference

The terms of any writing which is in existence when a will or trust instrument is executed, including but not limited to a statement of administrative provisions and fiduciary powers recorded in a record office of this State, may be incorporated into the will or trust instrument by reference to it to the extent the language of the will or trust instrument manifests an intent to do so and describes the writing sufficiently to permit its identification. Nothing in this section shall be construed as casting doubt upon the validity of incorporation by reference made prior to the adoption of this section.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 2 - Custodianship, Deposit, and Disposal of Wills › Section 4-201 - Duty to Maintain Custody of Will

Except as otherwise provided in this subtitle, a person having custody of a will who is not the testator of the will has a duty to maintain custody of the will and unless authorized by the testator may not:
(1)    Destroy or dispose of the will;
(2)    Disclose the contents of the will to any other person; or
(3)    Deliver the will to any person other than the testator.