Maryland Probate Form RW1126

Election to Take Elective Share of Estate

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 1, 2026
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About Election to Take Elective Share of Estate

Allows a surviving spouse to elect to take their statutory elective share of the decedent's estate under Maryland law.

When you'd use it: When a surviving spouse wishes to exercise their right to an elective share of the estate instead of accepting what they would receive under the will or intestacy laws.

Where to get the official form

The official version of Election to Take Elective Share of Estate is published as a PDF by the Maryland courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:

Verified official PDF

Download Election to Take Elective Share of Estate (PDF) →

Source: registers.maryland.gov

Link last checked: May 30, 2026

How to file Election to Take Elective Share of Estate in Maryland

  1. Step 1 — Confirm you have the correct formUse Election to Take Elective Share of Estate (RW1126) when when a surviving spouse wishes to exercise their right to an elective share of the estate instead of accepting what they would receive under the will or intestacy laws. Double-check it's the right form for your situation — Maryland probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2 — Complete every required fieldFill out Election to Take Elective Share of Estate carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4 — File it with the correct courtSubmit Election to Take Elective Share of Estate to the probate court or county clerk handling the estate — usually in the Maryland county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Election to Take Elective Share of Estate? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

Probate in Maryland

See the full Maryland probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the Maryland probate guide →

Frequently Asked Questions

What is Election to Take Elective Share of Estate (RW1126)?
Allows a surviving spouse to elect to take their statutory elective share of the decedent's estate under Maryland law. You'd typically use it when when a surviving spouse wishes to exercise their right to an elective share of the estate instead of accepting what they would receive under the will or intestacy laws.
Where do I file Election to Take Elective Share of Estate in Maryland?
Probate forms are filed with the probate court or county clerk in the Maryland county where the deceased person lived. Our Maryland probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Election to Take Elective Share of Estate?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Election to Take Elective Share of Estate available online?
Most Maryland probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other Maryland Probate Forms

Bond of Personal RepresentativeRW1115Election to Take Elective Share of EstateRW1126AApplication to Fix Inheritance Tax on Non-probate AssetsRW1125Limited Order to Locate AssetsRW 1150

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.