§ 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 of the estate of the deceased spouse, file in the probate court a
written statement waiving and renouncing the devise and bequest and petitioning for
the elective share. If any of the deceased spouse's real estate is located in any
city or town other than that in which the will of the decedent is probated, the waiver
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§ 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 of the estate of the deceased spouse, file in the probate court a
written statement waiving and renouncing the devise and bequest and petitioning for
the elective share. If any of the deceased spouse's real estate is located in any
city or town other than that in which the will of the decedent is probated, the waiver
and petition shall also be filed in the records of deeds in each city and town where
the real estate is located. The surviving spouse shall give notice of the time and
place set for hearing to persons interested in the estate and to those whose interests
will be adversely affected by the taking of the elective share.
(b) Within six (6) months after the date of the first publication of the qualifications
of the fiduciary of the estate of the deceased spouse, the surviving spouse may petition
the probate court for an extension of time for making an election not to exceed nine
(9) months after the decedent's death, upon notice of the time and place set for hearing,
to persons interested in the estate and to those whose interests will be adversely
affected by the taking of the elective share.
(c) The surviving spouse may withdraw a waiver and petition for an elective share at any
time before entry of a final determination by the probate court.
(d) The order or judgment of the probate court may be enforced as necessary in suit for
contribution or payment in other courts of this state or other jurisdictions.