Within what timeframe must a surviving spouse file a notice of election for an elective share?

A surviving spouse must file a notice of election for an elective share within six months following the probate of the decedent's will. This timeframe is established to ensure that the surviving spouse has a reasonable opportunity to make a decision regarding their entitlement under the elective share statutes, which allow them to claim a portion of the decedent's estate regardless of the instructions laid out in the will.

Filing within this six-month period is crucial because failing to do so may result in the forfeiture of the spouse's right to claim the elective share, as the law typically holds that such elections must be made promptly to provide finality to the estate administration and protect the interests of other beneficiaries. Knowing this timeline helps emphasize the importance of acting quickly while also considering the complexities surrounding estate distribution and the rights of surviving spouses.