Chapter 149
2018 -- H 7449
Enacted 07/02/2018

A N   A C T
RELATING TO PROBATE PRACTICE AND PROCEDURE - ELECTIVE SHARE

Introduced By: Representatives McEntee, Craven, Knight, Blazejewski, and McKiernan
Date Introduced: February 02, 2018

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 July 1, 2018.
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LC004378
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