(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 decedent individually at the time of the decedent's death pursuant to §§ 33-1-5 and 33-1-6; and
(2) The share of the decedent's personal estate subject to probate pursuant to § 33-1-10. The elective share may be taken in kind or the value thereof.
(b) If the right of election is exercised by, or on behalf of, the surviving spouse,
the surviving spouse's allowances pursuant to chapter 10 of this title, if any, are
not charged against, but are in addition to, the elective share.
(c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside
this state to take an elective share in property in this state is governed by the
law of the decedent's domicile at death.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.