Chapter 149 |
2018 -- H 7449 Enacted 07/02/2018 |
A N A C T |
RELATING TO PROBATE PRACTICE AND PROCEDURE - ELECTIVE SHARE |
Introduced By: Representatives McEntee, Craven, Knight, Blazejewski, and McKiernan |
Date Introduced: February 02, 2018 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 33-28-1 of the General Laws in Chapter 33-28 entitled "Elective |
Share" is hereby amended to read as follows: |
33-28-1. Elective share. |
(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: the life estate and allowance of an intestate's real estate pursuant to §§ 33-1-5 and 33-1-6, and |
share of an intestate's personal estate pursuant to § 33-1-10. |
(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. |
SECTION 2. This act shall take effect upon passage and shall apply to the estates of |
decedents dying on and after July 1, 2018. |
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LC004378 |
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