§ 2-5-105 — Time limit and procedure for elective share

(a) The surviving spouse, or a personal representative or
guardian of the estate of a deceased or incompetent surviving
spouse, may elect to take his elective share in the estate by
filing in the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within
three (3) months after the admission of the will to probate or
within thirty (30) days after being advised of the right of
election, whichever limitation last expires. In the event of a
failure to file a petition within the foregoing time limitation
the will governs and controls the distribution of the estate.
(b) After the filing of a petition to elect to take an
elective share, the court shall set the petition for hearing and
the surviving spouse, or his personal representative or
guardian, shall give notice by certified mail not less than
twenty (20) days before the date of hearing of the time and
place set for hearing to all persons whose interest will be
adversely affected by the taking of the elective share.
(c) After notice and hearing the court shall determine the
right to the elective share and shall order its payment from
assets of the estate. An assignment or allotment of assets by
the personal representative to the elective share need not be
made until the entry of a decree of distribution or such other
time as may be designated by the court.
(d) The surviving spouse or his personal representative or
guardian may withdraw his demand for an elective share at any
time before entry of a final determination by the court of the
right to an elective share.
(e) Any time after having been advised of the right of
election, the surviving spouse or his personal representative or
guardian may file with the court a renunciation or waiver of the
right of election in which event the will shall govern and
control the distribution of the estate.