Forms; recording; service
Sec. 3. (a) The election to take the share hereinbefore provided
shall be in writing, signed and acknowledged by the surviving spouse
or by the guardian of his estate and shall be filed in the office of the
clerk of the court. It may be in the following form:
I, A.B., surviving wife (or husband) of C.D., late of the county of
____________ and state of _______, do hereby elect to take my legal
share in the estate of the said C.D. and I do hereby renounce
provisions in the will of the said C.D. inconsistent herewith.
Signed,
(Signature)
(Acknowledgment)
(b) Said election shall be recorded by such clerk in the record of
wills, marginal reference being made from such record to the book
and page in which such will is recorded, and from the record of such
will to the book and page where such election is recorded.
(c) The clerk shall cause a copy of said election to be served upon
the personal representative and his attorney of record by United
States mail addressed to such persons at their respective addresses as
shown by the petition for probate of will and appointment of
personal representative.
(Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts 1975,
P.L.288, SEC.2.)
Last modified: May 27, 2006