(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.

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Terms Used In Rhode Island General Laws 33-28-4

  • Bequest: Property gifted by will.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Fiduciary: A trustee, executor, or administrator.
  • Probate: Proving a will
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(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.

History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.