Probate Practice and Procedure

Elective Share

SECTION 33-28-1

§ 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. 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.

History of Section.
(P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.)