75-2-211 - Proceeding for elective share -- Time limit.
75-2-211. Proceeding for elective share -- Time limit.
(1) Except as provided in Subsection (2), the election shall be made by filing in the courtand mailing or delivering to the personal representative, if any, a petition for the elective sharewithin nine months after the date of the decedent's death, or within six months after the probate ofthe decedent's will, whichever limitation later expires. The surviving spouse shall give notice ofthe time and place set for hearing to persons interested in the estate and to the distributees andrecipients of portions of the augmented estate whose interests will be adversely affected by thetaking of the elective share. Except as provided in Subsection (2), the decedent's nonprobatetransfers to others are not included within the augmented estate for the purpose of computing theelective-share, if the petition is filed more than nine months after the decedent's death.
(2) Within nine months after the decedent's death, the surviving spouse may petition thecourt for an extension of time for making an election. If, within nine months after the decedent'sdeath, the spouse gives notice of the petition to all persons interested in the decedent's nonprobatetransfers to others, the court for cause shown by the surviving spouse may extend the time forelection. If the court grants the spouse's petition for an extension, the decedent's nonprobatetransfers to others are not excluded from the augmented estate for the purpose of computing theelective-share and supplemental elective-share amounts, if the spouse makes an election by filingin the court and mailing or delivering to the personal representative, if any, a petition for theelective share within the time allowed by the extension.
(3) The surviving spouse may withdraw his demand for an elective share at any timebefore entry of a final determination by the court.
(4) After notice and hearing, the court shall determine the elective-share and supplementalelective-share amounts, and shall order its payment from the assets of the augmented estate or bycontribution as appears appropriate under Sections 75-2-209 and 75-2-210. If it appears that afund or property included in the augmented estate has not come into the possession of thepersonal representative, or has been distributed by the personal representative, the courtnevertheless shall fix the liability of any person who has any interest in the fund or property orwho has possession thereof, whether as trustee or otherwise. The proceeding may be maintainedagainst fewer than all persons against whom relief could be sought, but no person is subject tocontribution in any greater amount than he would have been under Sections 75-2-209 and75-2-210 had relief been secured against all persons subject to contribution.
(5) An order or judgment of the court may be enforced as necessary in suit forcontribution or payment in other courts of Utah or other jurisdictions.
Enacted by Chapter 39, 1998 General Session