§560:2-202  Elective share.  (a) 
Elective-share amount.  The surviving spouse or reciprocal beneficiary of a
decedent who dies domiciled in this State has a right of election, under the
limitations and conditions stated in this part, to take an elective-share
amount equal to the value of the elective-share percentage of the augmented
estate, determined by the length of time the spouse and the decedent were
married to each other, or the reciprocal beneficiary and the decedent were in a
reciprocal beneficiary relationship, in accordance with the following schedule:



 



If the decedent and the



spouse were married to



each other, or the



decedent and the reciprocal



beneficiary were in a The elective-share



relationship: percentage is:



 



Less than 1 year Supplemental
amount only.



 1 year but less than 2 years 3% of the
augmented estate.



 2 years but less than 3 years 6% of the
augmented estate.



 3 years but less than 4 years 9% of the
augmented estate.



 4 years but less than 5 years 12% of the
augmented estate.



 5 years but less than 6 years 15% of the
augmented estate.



 6 years but less than 7 years 18% of the
augmented estate.



 7 years but less than 8 years 21% of the
augmented estate.



 8 years but less than 9 years 24% of the
augmented estate.



 9 years but less than 10 years 27% of the
augmented estate.



10 years but less than 11 years 30% of the
augmented estate.



11 years but less than 12 years 34% of the
augmented estate.



12 years but less than 13 years 38% of the
augmented estate.



13 years but less than 14 years 42% of the
augmented estate.



14 years but less than 15 years 46% of the
augmented estate.



15 years or more 50% of the
augmented estate;



provided, however, the surviving spouse or
reciprocal beneficiary may elect to take a share smaller than that to which the
surviving spouse or reciprocal beneficiary is entitled hereunder.



(b)  Supplemental elective-share amount.  If
the sum of the amounts described in sections 560:2-207, 560:2-209(a)(1), and
that part of the elective-share amount payable from the decedent's probate
estate and nonprobate transfers to others under section 560:2-209(b) and (c) is
less than $50,000, the surviving spouse or reciprocal beneficiary is entitled
to a supplemental elective-share amount equal to $50,000 minus the sum of the amounts
described in those sections.  The supplemental elective-share amount is payable
from the decedent's probate estate and from recipients of the decedent's
nonprobate transfers to others in the order of priority set forth in section
560:2-209(b) and (c).



(c)  Effect of election on statutory benefits. 
If the right of election is exercised by or on behalf of the surviving spouse
or reciprocal beneficiary, the surviving spouse's or reciprocal beneficiary's
homestead allowance, exempt property, and family allowance, if any, are not
charged against but are in addition to the elective-share and supplemental
elective-share amounts.



(d)  Non-domiciliary.  The right, if any, of
the surviving spouse or reciprocal beneficiary of a decedent who dies domiciled
outside this State to take an elective share in property in this State is
governed by the law of the decedent's domicile at death. [L 1996, c 288, pt of
§1; am L 1997, c 383, §12]



 



Rules of Court



 



  Elective share, see HPR rule 90(c).