§560:2-209  Sources from which elective
share payable.  (a)  In a proceeding for an elective share, the following
are applied first to satisfy the elective-share amount and to reduce or
eliminate any contributions due from the decedent's probate estate and
recipients of the decedent's nonprobate transfers to others:



(1)  Amounts included in the augmented estate under
section 560:2-204 which pass or have passed to the surviving spouse or
reciprocal beneficiary by testate or intestate succession and amounts included
in the augmented estate under section 560:2-206; and



(2)  Amounts included in the augmented estate under
section 560:2-207 up to the applicable percentage thereof.  For the purposes of
this subsection, the "applicable percentage" is twice the elective-share
percentage set forth in the schedule in section 560:2-202(a) appropriate to the
length of time:



(A)  The spouse and the decedent were married
to each other; or



(B)  The reciprocal beneficiary and the
decedent were in a reciprocal beneficiary relationship.



(b)  If, after the application of subsection
(a), the elective-share amount is not fully satisfied or the surviving spouse
or reciprocal beneficiary is entitled to a supplemental elective-share amount,
amounts included in the decedent's probate estate and in the decedent's
nonprobate transfers to others, other than amounts included under section
560:2-205(3)(A) or (C), are applied first to satisfy the unsatisfied balance of
the elective-share amount or the supplemental elective-share amount.  The
decedent's probate estate and that portion of the decedent's nonprobate
transfers to others are so applied that liability for the unsatisfied balance
of the elective-share amount or for the supplemental elective-share amount is
equitably apportioned among the recipients of the decedent's probate estate and
of that portion of the decedent's nonprobate transfers to others in proportion
to the value of their interests therein.



(c)  If, after the application of subsections
(a) and (b), the elective-share or supplemental elective-share amount is not
fully satisfied, the remaining portion of the decedent's nonprobate transfers
to others is so applied that liability for the unsatisfied balance of the
elective-share or supplemental elective-share amount is equitably apportioned
among the recipients of the remaining portion of the decedent's nonprobate
transfers to others in proportion to the value of their interests therein. [L
1996, c 288, pt of §1; am L 1997, c 383, §14]