2017 -- H 5439

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LC001259

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- ELECTIVE SHARE

     Introduced By: Representatives McEntee, Craven, McKiernan, and O'Brien

     Date Introduced: February 09, 2017

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 33-28-1 of the General Laws in Chapter 33-28 entitled "Elective

Share" is hereby amended to read as follows:

     33-28-1. Elective share.

     (a) The surviving spouse of a decedent who dies domiciled in this state has a right of

election, under the limitations and conditions stated in this chapter, to take an elective share equal

to: the life estate and allowance of an intestate's real estate pursuant to §§ 33-1-5 and 33-1-6, and

share of an intestate's personal estate pursuant to § 33-1-10.

     (1) The life estate and allowance in an intestate's real estate titled in the name of the

decedent individually at the time of the decedent's death pursuant to §§33-1-5 and 33-1-6; and

     (2) The share of the decedent's personal estate subject to probate pursuant to §33-1-10.

     The elective share may be taken in kind or the value thereof.

     (b) If the right of election is exercised by, or on behalf of the surviving spouse, the

surviving spouse's allowances pursuant to chapter 10 of this title, if any, are not charged against,

but are in addition to, the elective share.

     (c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside

this state to take an elective share in property in this state is governed by the law of the decedent's

domicile at death.

     SECTION 2. This act shall take effect upon passage and shall apply to the estates of

decedents dying on and after January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- ELECTIVE SHARE

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     This act would clarify the right of a surviving spouse of a decedent regarding elective

shares against the decedent's will relating to real and personal estate to the estates of decedents

dying on and after January 1, 2017.

     This act would take effect upon passage and would apply to the estates of decedents

dying on and after January 1, 2017.

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