Time
Sec. 2. (a) Except as provided in subsection (b), the election by a
surviving spouse to take the share hereinbefore provided must be
made not later than three (3) months after the date of the order
admitting to probate the will against which the election is made.
(b) If, at the expiration of such period for making the election,
litigation is pending to test the validity or determine the effect or
construction of the will or to determine the existence of issue
surviving the deceased, or to determine any other matter of law or
fact which would affect the amount of the share to be received by the
surviving spouse, the right of such surviving spouse to make an
election shall not be barred until the expiration of thirty (30) days
after the final determination of the litigation.
(Formerly: Acts 1953, c.112, s.302.) As amended by P.L.238-2005,
SEC.7.
Last modified: May 27, 2006