| 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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