§2-201. Definitions As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Decedent’s nonprobate transfers to others. As used in sections other than section 2-205, “decedent’s nonprobate transfers to others” […]
§2-202. Elective share 1. Elective-share amount. The surviving spouse of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this Part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate. [PL 2017, c. […]
§2-203. Composition of the augmented estate; marital-property portion 1. Value of augmented estate. Subject to section 2‑208, the value of the augmented estate, to the extent provided in sections 2‑204, 2‑205, 2‑206 and 2‑207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever […]
§2-204. Decedent’s net probate estate The value of the augmented estate includes the value of the decedent’s probate estate reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property and enforceable claims. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, […]
§2-205. Decedent’s nonprobate transfers to others The value of the augmented estate includes the value of the decedent’s nonprobate transfers to others, not included under section 2‑204, of any of the following types, in the amount provided respectively for each type of transfer: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. […]
§2-206. Decedent’s nonprobate transfers to the surviving spouse Excluding property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the decedent’s nonprobate transfers to the decedent’s surviving spouse, which consist of all property that passed outside probate at the decedent’s death from the […]
§2-207. Surviving spouse’s property and nonprobate transfers to others 1. Included property. Except to the extent included in the augmented estate under section 2‑204 or 2‑206, the value of the augmented estate includes the value of: A. Property that was owned by the decedent’s surviving spouse at the decedent’s death, including: (1) The […]
§2-208. Exclusions, valuation and overlapping application 1. Exclusions. The value of any property is excluded from the decedent’s nonprobate transfers to others: A. To the extent the decedent received adequate and full consideration in money or money’s worth for a transfer of the property; or [PL 2017, c. 402, Pt. A, §2 (NEW); […]
§2-209. Sources from which elective share payable 1. Elective-share amount only. In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others: A. Amounts included in […]
§2-210. Personal liability of recipients 1. Original recipients; satisfaction of elective-share amount. Only original recipients of the decedent’s nonprobate transfers to others, and the donees of the recipients of the decedent’s nonprobate transfers to others to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction […]
§2-211. Proceeding for elective share; time limit 1. Time of election. Except as provided in subsection 2, the surviving spouse or the surviving spouse’s conservator or agent under authority of a power of attorney must make the election by filing in the court and mailing or delivering to the personal representative, if any, a petition […]
§2-212. Right of election personal to surviving spouse 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 court under section 2-211, subsection 1. If the election is not exercised by the surviving spouse personally, it may be exercised […]
§2-213. Waiver of right to elect and of other rights 1. Waiver of election and statutory benefits. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance may be waived, wholly or partially, before or after marriage, by a written contract, agreement […]
§2-214. Protection of payors and other 3rd parties 1. Liability of payors and other 3rd parties. Although under section 2-205 a payment, item of property or other benefit is included in the decedent’s nonprobate transfers to others, a payor or other 3rd party is not liable for having made a payment or transferred an item […]
