Section 43-8-70 Right of surviving spouse to elective share. (a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased reduced by the value […]
Section 43-8-71 Right of election personal to surviving spouse. The right of election of the surviving spouse may be exercised only by the surviving spouse during his lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court […]
Section 43-8-72 Waiver of right to elect and of other rights. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a […]
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take his elective share by filing with the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six […]
Section 43-8-74 Entitlement of surviving spouse to certain benefits regardless of election. A surviving spouse is entitled to homestead allowance, exempt property, and family allowance, whether or not he elects to take an elective share. (Acts 1982, No. 82-399, §2-206.)
Section 43-8-75 How elective share satisfied; what property applied first; apportionment of others’ liability for balance of elective share. (a) In the proceeding for an elective share, values included in the estate which pass or have passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied […]
Section 43-8-76 Order of abatement. (a) Except as provided in subsection (b) of this section and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) […]
