Time limitation for making election; withdrawal

Checkout our iOS App for a better way to browser and research.

    ** IN EFFECT UNTIL OCTOBER 1, 2020 PER CHAPTER 435 OF 2019**

    (a)    (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)    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.


Download our app to see the most-to-date content.