Section 3-206 - Time limitation for making election; withdrawal.

§ 3-206. Time limitation for making election; withdrawal.
 

(a)  In general; extension.-  

(1) The election by a surviving spouse to take an elective share shall be made within the later of: 

(i) Nine months after the date of the decedent's death; or 

(ii) Six months after the first appointment of a personal representative under a will. 

(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 three months at a time. 

(b)  Withdrawal.- 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. 
 

[An. Code 1957, art. 93, § 3-206; 1974, ch. 11, § 2; 1989, ch. 496, § 1; 1993, ch. 279; 2003, ch. 234; 2010, ch. 146.]