a. The surviving spouse may elect to take his elective share in the augmented estate
by filing in the Superior Court in the county in which the personal representative
was appointed a complaint in an action applying for the elective share, within 6 months
after the appointment of a personal representative. Before the time for election has expired, the court may for good cause shown by
the surviving spouse extend the time for election upon notice to persons interested
in the estate and to distributees and recipients of portions of the augmented estate
whose interests will be adversely affected by the taking of the elective share.
b. The surviving spouse shall give notice of the time and place set for hearing to
persons interested in the estate and to the distributees and recipients of portions
of the augmented estate whose interests will be adversely affected by the taking of
the elective share.
c. The surviving spouse may withdraw his demand for an elective share at any time
before entry of a final determination by the court.
d. After notice and hearing, the court shall determine the amount of the elective
share and shall order its payment from the assets of the augmented estate or by contribution
as appears appropriate under section 7. of this act. If it appears that a fund or property included in the augmented estate has not come
into the possession of the personal representative, or has been distributed by the
personal representative, the court nevertheless shall fix the liability of any person
who has any interest in the fund or property or who has possession thereof, whether
as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief
could be sought, but no person is subject to contribution in any greater amount than
he would have been if relief had been secured against all persons subject to contribution.
e. The order or judgment of the court may be enforced as other judgments are enforced
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