§ 33-28-1. Elective share. (a) 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 chapter, to take an elective share equal to: (1) The life estate and allowance in an intestate’s real estate titled in the name of the […]
§ 33-28-2. Right of election personal to surviving spouse — Incapacitated surviving spouse. (a) 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 probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving […]
§ 33-28-3. Waiver of right to elect and of other rights. (a) The right of election of a surviving spouse and the rights of the surviving spouse to allowances pursuant to chapter 10 of this title may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by […]
§ 33-28-4. Proceeding for elective share — Time limit. (a) If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the elective share unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary […]
