(a) When a married person dies testate as to all or any part of his or her estate, the surviving spouse shall have the right to take against the will if the surviving spouse has been married to the decedent continuously for a period in excess of one (1) year. (b) In the event of […]
Within one (1) month after the will of a married person has been admitted to probate, the clerk shall mail a notice to the decedent’s surviving spouse at his or her mailing address, if known, in which shall be stated the time within which a written election must be filed by or on behalf of […]
(a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims. (b) However, if, at the expiration of the period for making the election, litigation is pending to test the validity or […]
(a) (1) The election to take against the will shall be: (A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and (B) Filed in the office of the probate clerk of the circuit court. (2) It shall be in substantially the following form: (b) The […]
(a) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse. (b) The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the […]
An election made by or on behalf of a surviving spouse to take against the will shall be binding and shall not be subject to revocation, except within the time provided by § 28-39-403 for filing an election and prior to any distribution made on the basis of the election, or thereafter for such causes […]
(a) Subsequently Born or Adopted Children. Whenever a child shall have been born to or adopted by a testator after the testator has made his or her will, and the testator shall die leaving the after-born or adopted child not mentioned or provided for in his or her will either specifically or as a member […]
