§560:2-211  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.  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 or reciprocal beneficiary may petition the court
for an extension of time for making an election.  If, within nine months after
the decedent's death, the spouse or reciprocal beneficiary 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 or reciprocal
beneficiary may extend the time for election.  If the court grants the spouse's
or reciprocal beneficiary'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 or reciprocal beneficiary 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 or reciprocal
beneficiary 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.



(d)  The surviving spouse or reciprocal
beneficiary may withdraw the spouse's or reciprocal beneficiary's demand for an
elective share at any time before entry of a final determination by the court.



(e)  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 560:2-209 and 560:2-210.  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 the person would
have been under sections 560:2-209 and 560:2-210 had relief been secured
against all persons subject to contribution.



(f)  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. [L 1996, c 288, pt of §1; am L 1997, c 383,
§19]