MARVIN MANDEL, Governor                                 55

The only changes are in language and style.
3-204. RIGHT OF ELECTION PERSONAL TO SURVIVING SPOUSE.

THE RIGHT OF ELECTION OF THE SURVIVING SPOUSE IS
PERSONAL TO HIM. IT IS NOT TRANSFERABLE AND CANNOT BE
EXERCISED SUBSEQUENT TO HIS DEATH. IF THE SURVIVING
SPOUSE IS UNDER 18 YEARS OF AGE OR UNDER DISABILITY, THE
ELECTION MAY BE EXERCISED BY ORDER OF THE COURT HAVING
JURISDICTION OF THE PERSON OR PROPERTY OF THE SPOUSE OR
PERSON UNDER DISABILITY.

REVISOR'S NOTE: This section presently appears as
Art. 93, §3—204. The only changes are in
style and language.

3-205. WAIVES OF RIGHTS IN DECEDENT'S ESTATE.

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. UNLESS IT PROVIDES TO THE CONTRARY, A
WAIVER OF "ALL RIGHTS" 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 ANY RIGHT TO HIS
FAMILY ALLOWANCE AS WELL AS TO HIS ELECTIVE SHARE BY EACH
SPOUSE IN THE PROPERTY OF THE [[OTHER]] SPOUSE, HIS RIGHT
TO LETTERS UNDER §5-104, AND IS AN IRREVOCABLE
RENUNCIATION [[BY EACH]] OF ANY BENEFIT WHICH WOULD PASS
TO HIM FROM THE OTHER BY INTESTATE SUCESSION, BY
STATUTORY SHARE, OR BY VIRTUE OF THE PROVISIONS OF A WILL
EXECUTED BEFORE THE WAIVER OR PROPERTY SETTLEMENT.

REVISOR'S NOTE: This section present appears as
Art. 93, §3—205. A change is made in
language.

3-206. TIME LIMITATION FOR MAKING ELECTION.
(A) GENERAL.

THE ELECTION BY A SURVIVING SPOUSE TO TAKE HIS
ELECTIVE SHARE SHALL BE MADE NOT LATER THAN 30 DAYS AFTER
THE EXPIRATION OF THE TIME FOR FILING CLAIMS. THE COURT
MAY EXTEND THE TIME FOR ELECTION, BEFORE ITS EXPIRATION,
FOR A PERIOD NOT TO EXCEED THREE MONTHS AT A TIME, UPON
NOTICE GIVEN TO THE PERSONAL REPRESENTATIVE AND FOR GOOD
CAUSE SHOWN.

(E) WITHDRAWAL.

THE SURVIVING SPOUSE MAY WITHDRAW HIS ELECTION AT
ANY TIME WITHIN 30 DAYS AFTER THE EXPIRATION OF THE TIME