Can a surviving spouse waive their rights to an intestate estate?

In Maryland, a surviving spouse has the right to receive a portion of an intestate estate. To waive those rights, that spouse must make their wishes known in writing. This written waiver must be an official document, or it may not be recognized in court. An affidavit of election is one common form of this document. It must be signed by both the surviving spouse and the estate’s personal representative. In most cases, the document must also be notarized. The affidavit must state that the surviving spouse knows they are giving up their rights to their share of the estate and still agrees to do so. A surviving spouse can also make their wishes known in a will or a trust. These documents must also be created according to formal legal procedures to be recognized in court. The decedent’s will can include a waiver of the surviving spouse’s rights, and the trust can also contain waivers of the surviving spouse’s rights to the intestate estate. It is important to note that a surviving spouse cannot waive their rights to any property that has been designated specifically to them. For example, if the decedent provided for the surviving spouse in their will, that property cannot be given away by a waiver. It is also important to be aware that even if the surviving spouse waives their rights, they may still be entitled to receive benefits from the estate. They may still be able to claim allowances and exemptions from creditors’ claims or from Maryland inheritance taxes.

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Can a surviving spouse waive their rights to an intestate estate?

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