2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 22 - Elective Share of Surviving Spouse
2210 - Procedure for election; time limit.

     § 2210.  Procedure for election; time limit.
        (a)  How election made.--A surviving spouse's election to
     take or not to take his elective share shall be by a writing
     signed by him and filed with the clerk of the orphans' court
     division of the county where the decedent died domiciled. Notice
     of the election shall be given to the decedent's personal
     representative, if any.
        (b)  Time limit.--The election must be filed with the clerk
     before the expiration of six months after the decedent's death
     or before the expiration of six months after the date of
     probate, whichever is later. The court may extend the time for
     election for such period and upon such terms and conditions as
     the court shall deem proper under the circumstances on
     application of the surviving spouse filed with the clerk within
     the foregoing time limit. Failure to file an election in the
     manner and within the time limit set forth in this section shall
     be deemed a waiver of the right of election.
        (c)  Costs.--The costs of filing and recording the election
     shall be reimbursed out of the estate as a part of the
     administration expenses.
     (Feb. 18, 1982, P.L.45, No.26, eff. imd.)

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