§ 31-4-101. Right to Elective Share
The surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent’s will, has a right of election, unless limited by subsection (c), to take an elective-share amount equal to the value of the decedent’s net estate as defined in subsection (b), determined by […]
§ 31-4-102. Proceeding for Elective Share — Time Limit
The surviving spouse may elect to take the spouse’s elective share in decedent’s property by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine (9) months after the date of death. When the title of the surviving spouse to property devised or […]
§ 31-4-103. Disclosure by Personal Representative
To enable the surviving spouse to act as personal interest may require, the personal representative shall disclose, upon application, the state and condition of the spouse-testator’s estate.
§ 31-4-104. Mental Incompetency or Minority of Surviving Spouse
When the surviving spouse has been adjudged mentally incompetent as described by title 34, Chapters 1 3, or is under the age of eighteen (18) years, at the time the will is admitted to probate, upon a petition filed by a guardian, conservator or next friend of either, within one (1) year from probate, or […]
§ 31-4-105. Death of Surviving Spouse
In the event the surviving spouse dies before the time for electing the elective share expires, the personal representative of the decedent’s surviving spouse may, in like manner and every respect, make the election on behalf of the deceased spouse. In like manner, the personal representative may withdraw a demand for an elective share at […]