Probate Practice and Procedure

Elective Share

SECTION 33-28-2

§ 33-28-2. Right of election personal to surviving spouse – Incapacitated surviving spouse.

(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by the surviving spouse's conservator, guardian, or agent under the authority of a power of attorney.

(b) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the probate court may authorize transfer of property in kind, or payment of the value thereof, to the spouse's personal representative upon such terms and conditions as the court determines to be in the spouse's best interest.

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