Elective Share, Claiming
Even when the right to claim an
elective share
exists, it will not be paid without specific action by the surviving spouse.
The spouse must notify the Orphans'
Court and the
decedent's
personal
representative of his or her intention to claim an elective share, in
writing.
This notice must be given within six months of the deceased spouse's death,
or within six months of the date of
probate, whichever is later. A claim for the elective share that
is not properly filed within the required time period is waived and cannot
be claimed later.
See: Elective Share, Generally;
Elective Share, Eligibility;
Elective Share, Calculation;
Elective Share, Subject Property
