(a) (1) The election to take against the will shall be:
(A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and
(B) Filed in the office of the probate clerk of the circuit court.
(2) It shall be in substantially the following form:
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(b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.
Section: Previous 28-39-402 28-39-403 28-39-404 28-39-405 28-39-406 28-39-407 NextLast modified: November 15, 2016