SECTION 2-210. PERSONAL LIABILITY OF RECIPIENTS.
donees of the recipients of the decedent’s nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse’s elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent’s nonprobate transfers to him [or her] or to pay the value of the amount for which he [or she] is liable.
(b) If any section or part of any section of this [part] is preempted by federal law with
Uniform Probate Code
(a) Only original recipients of the decedent’s nonprobate transfers to others, and the
donees of the recipients of the decedent’s nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse’s elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent’s nonprobate transfers to him [or her] or to pay the value of the amount for which he [or she] is liable.
(b) If any section or part of any section of this [part] is preempted by federal law with
respect to a payment, an item of property, or any other benefit included in the decedent’s
nonprobate transfers to others, a person who, not for value, receives the payment, item of
property, or any other benefit is obligated to return the payment, item of property, or benefit, or
is personally liable for the amount of the payment or the value of that item of property or benefit,
as provided in Section 2-209, to the person who would have been entitled to it were that section
or part of that section not preempted.
SECTION 2-211. PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT.
(a) Except as provided in subsection (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent’s death, or within six months after the probate of the decedent’s will, whichever limitation later expires. The surviving spouse must give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in subsection (b), the decedent’s nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective share, if the petition is filed more than nine months after the decedent’s death.
(b) Within nine months after the decedent’s death, the surviving spouse may petition the court for an extension of time for making an election. If, within nine months after the decedent’s death, the spouse gives notice of the petition to all persons interested in the decedent’s nonprobate transfers to others, the court for cause shown by the surviving spouse may extend the time for election. If the court grants the spouse’s petition for an extension, the decedent’s nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective-share and supplemental elective-share amounts, if the spouse makes an
SECTION 2-211. PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT.
(a) Except as provided in subsection (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent’s death, or within six months after the probate of the decedent’s will, whichever limitation later expires. The surviving spouse must give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in subsection (b), the decedent’s nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective share, if the petition is filed more than nine months after the decedent’s death.
(b) Within nine months after the decedent’s death, the surviving spouse may petition the court for an extension of time for making an election. If, within nine months after the decedent’s death, the spouse gives notice of the petition to all persons interested in the decedent’s nonprobate transfers to others, the court for cause shown by the surviving spouse may extend the time for election. If the court grants the spouse’s petition for an extension, the decedent’s nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective-share and supplemental elective-share amounts, if the spouse makes an
election by filing in the court and mailing or delivering to the personal representative, if any, a
petition for the elective share within the time allowed by the extension.
(c) The surviving spouse may withdraw his [or her] demand for an elective share at any time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under Sections 2-209 and 2-210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he [or she] would have been under Sections 2-209 and 2- 210 had relief been secured against all persons subject to contribution.
(e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
Comment
This section is revised to coordinate the terminology with that used in revised Section 2- 205 and with the fact that an election can be made by a conservator, guardian, or agent on behalf of a surviving spouse, as provided in Section 2-212(a).
Historical Note. This Comment was revised in 1993.
(c) The surviving spouse may withdraw his [or her] demand for an elective share at any time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under Sections 2-209 and 2-210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he [or she] would have been under Sections 2-209 and 2- 210 had relief been secured against all persons subject to contribution.
(e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
Comment
This section is revised to coordinate the terminology with that used in revised Section 2- 205 and with the fact that an election can be made by a conservator, guardian, or agent on behalf of a surviving spouse, as provided in Section 2-212(a).
Historical Note. This Comment was revised in 1993.
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