Probate Practice and Procedure

Dower and Curtesy

SECTION 33-25-4

§ 33-25-4. Election by surviving spouse – Recording of waiver and claim.

If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the life estate unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court granting probate a written statement waiving and renouncing the devise and bequest and claiming his or her life estate in the real estate of the decedent. If any of this real estate be located in any city or town other than that in which the will of the decedent is probated, the waiver and claim shall also be filed in the records of deeds in each city and town where the real estate is located.

History of Section.
(P.L. 1978, ch. 26, § 1; P.L. 1988, ch. 192, § 1; P.L. 1992, ch. 198, § 1.)