Rhode Island General Laws 33-25-4. Election by surviving spouse – Recording of waiver and claim
If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the life estate unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court granting probate a written statement waiving and renouncing the devise and bequest and claiming his or her life estate in the real estate of the decedent. If any of this real estate be located in any city or town other than that in which the will of the decedent is probated, the waiver and claim shall also be filed in the records of deeds in each city and town where the real estate is located.
History of Section.
P.L. 1978, ch. 26, § 1; P.L. 1988, ch. 192, § 1; P.L. 1992, ch. 198, § 1.
Terms Used In Rhode Island General Laws 33-25-4
- Bequest: Property gifted by will.
- Decedent: A deceased person.
- Devise: To gift property by will.
- Fiduciary: A trustee, executor, or administrator.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Probate: Proving a will
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9