§ 3-206. Time limitation for making election; withdrawal

   (a) In general; extension. --

   (1) The election by a surviving spouse to take an elective share shall be made within the later of:

      (i) Nine months after the date of the decedent's death; or

      (ii) Six months after the first appointment of a personal representative under a will.

   (2) (i) Within the period for making an election, the surviving spouse may file with the court a petition for an extension of time, with a copy given to the personal representative.

      (ii) For good cause shown, the court may extend the time for election for a period not to exceed three months at a time.

(b) Withdrawal. -- The surviving spouse may withdraw the election at any time before the expiration of the time for making the election to take an elective share.

HISTORY: An. Code 1957, art. 93, § 3-206; 1974, ch. 11, § 2; 1989, ch. 496, § 1; 1993, ch. 279; 2003, ch. 234; 2010, ch. 146.