ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2202 Election of surviving spouse.
Sec. 2202.
(1) The surviving widow of a decedent who was domiciled in this state and who dies intestate may file with the court an election in writing that she elects to take 1 of the following:
(a) Her intestate share under section 2102.
(b) If the decedent died before the effective date of the amendatory act that added section 30 to 1846 RS 66, her dower right under sections 1 to 29 of 1846 RS 66, MCL 558.1 to 558.29.
(2) The surviving spouse of a decedent who was domiciled in this state and who dies testate may file with the court an election in writing that the spouse elects 1 of the following:
(a) That the spouse will abide by the terms of the will.
(b) That the spouse will take 1/2 of the sum or share that would have passed to the spouse had the testator died intestate, reduced by 1/2 of the value of all property derived by the spouse from the decedent by any means other than testate or intestate succession upon the decedent's death.
(c) If a widow, and if the decedent died before the effective date of the amendatory act that added section 30 to 1846 RS 66, that she will take her dower right under sections 1 to 29 of 1846 RS 66, MCL 558.1 to 558.29.
(3) The surviving spouse electing under subsection (1) is limited to 1 choice. Unless the testator's will plainly shows a contrary intent, the surviving spouse electing under subsection (2) is limited to 1 choice. The right of election of the surviving spouse under this section must be exercised during the lifetime of the surviving spouse. The election must be made within 63 days after the date for presentment of claims or within 63 days after service of the inventory upon the surviving spouse, whichever is later.
(4) Notice of right of election must be served on the decedent's spouse, if any, as provided in section 3705(5), and proof of that notice must be filed with the court. An election as provided by this section may be filed instead of service of notice and filing of proof.
(5) For a legally incapacitated person, the right of election may be exercised only by order of the court in which a proceeding as to that person's property is pending, after finding that exercise is necessary to provide adequate support for the legally incapacitated person during that person's life expectancy.
(6) The surviving spouse of a decedent who was not domiciled in this state is entitled to election against the intestate estate or against the will only as may be provided by the law of the place in which the decedent was domiciled at the time of death.
(7) As used in subsection (2), "property derived by the spouse from the decedent" includes all of the following transfers:
(a) A transfer made within 2 years before the decedent's death to the extent that the transfer is subject to federal gift or estate taxes.
(b) A transfer made before the date of death subject to a power retained by the decedent that would make the property, or a portion of the property, subject to federal estate tax.
(c) A transfer effectuated by the decedent's death through joint ownership, tenancy by the entireties, insurance beneficiary, or similar means.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2016, Act 490, Eff. Apr. 6, 2017
PopularName Notes:
EPIC
Notes of Decisions
King v. Nash (In Re Est. of Erwin), 921 N.W.2d 308 (Mich. 2018).
· cites it 4× “MCL 700.2202(1). In fact, even if the decedent dies testate— with a will—a surviving spouse may take a share different from that allocated by the will’s plain terms.”
In Re Miltenberger Est., 737 N.W.2d 513 (Mich. Ct. App. 2007).
· cites it 4× “III In addition to the statutory provisions of MCL 700.2202 and MCL 558.1, the Michigan Constitution recognizes the right of dower.”
In re Eggleston Est., 698 N.W.2d 892 (Mich. Ct. App. 2005).
· cites it 5× “MCL 700.2202. Petitioner, the daughter, guardian, and conservator for Max D.”
Zaher v. Miotke, 832 N.W.2d 266 (Mich. Ct. App. 2013).
“See MCL 700.2202 (l)(a) and (b), (2) (a) (the surviving widow of an intestate decedent may elect to take her intestate share or her dower right and the surviving spouse of a testate decedent may elect to “abide by the terms of the will,” take her dower right, or take a modified…”
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
· cites it 3× “After the hearing, the district court issued a written order granting Betty Wicklund’s *365 petition for an elective share of $67,000 plus one-fourth of the estate under Mich. Comp. Laws § 700.2202 , a homestead allowance of $20,000 under Mich.”
in Re Peterson Est., 889 N.W.2d 753 (Mich. Ct. App. 2016).
· cites it 2× “In December 2014, Lyle’s daughter from a previous relationship, Rhonda Lovett, petitioned the probate court for a declaration that Arbutus was not a surviving spouse for purposes of the statute allowing a spousal election, MCL 700.2202(2), because Arbutus “[w]as willfully…”
In Re Est. of Miltenberger, 753 N.W.2d 219 (Mich. 2008).
· cites it 10× “[33] MCL 700.2202(1) provides a similar choice for a widow whose husband died intestate.”
In Re Eggleston Est., 698 N.W.2d 892 (Mich. Ct. App. 2005).
· cites it 4× “MCL 700.2202. Petitioner, the daughter, guardian, and conservator for Max D.”
Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010).
“Dower interests are also addressed in MCL 700.2202, part of the Estates and Protected Individuals Code (EPIC), MCL 700.”
Hill v. Flint, 703 N.W.2d 191 (Mich. Ct. App. 2005).
· cites it 8× “MCL 700.2202 AND MCL 700.2301 A. STANDARD OF REVIEW Statutory construction is a question of law that requires review de novo.”
In Re Est. of Sprenkle-Hill, 703 N.W.2d 191 (Mich. Ct. App. 2005).
· cites it 8× “§ 700.2202 and M.C.L. § 700.2301 A. Standard Of Review Statutory construction is a question of law that requires review de novo.”
Miltenberger v. Swartz, 737 N.W.2d 513 (Mich. Ct. App. 2007).
· cites it 4× “m In addition to the statutory provisions of MCL 700.2202 and MCL 558.1, the Michigan Constitution recognizes the right of dower.”
— Mich. Comp. Laws § 700.2202(1) — 5 cases
King v. Nash (In Re Est. of Erwin), 921 N.W.2d 308 (Mich. 2018).
“MCL 700.2202(1). In fact, even if the decedent dies testate— with a will—a surviving spouse may take a share different from that allocated by the will’s plain terms.”
In Re Est. of Miltenberger, 753 N.W.2d 219 (Mich. 2008).
“[33] MCL 700.2202(1) provides a similar choice for a widow whose husband died intestate.”
— Mich. Comp. Laws § 700.2202(2) — 13 cases
King v. Nash (In Re Est. of Erwin), 921 N.W.2d 308 (Mich. 2018).
“MCL 700.2202(1). In fact, even if the decedent dies testate— with a will—a surviving spouse may take a share different from that allocated by the will’s plain terms.”
in Re Peterson Est., 889 N.W.2d 753 (Mich. Ct. App. 2016).
“In December 2014, Lyle’s daughter from a previous relationship, Rhonda Lovett, petitioned the probate court for a declaration that Arbutus was not a surviving spouse for purposes of the statute allowing a spousal election, MCL 700.2202(2), because Arbutus “[w]as willfully…”
In Re Est. of Miltenberger, 753 N.W.2d 219 (Mich. 2008).
“[33] MCL 700.2202(1) provides a similar choice for a widow whose husband died intestate.”
In Re Miltenberger Est., 737 N.W.2d 513 (Mich. Ct. App. 2007).
“III In addition to the statutory provisions of MCL 700.2202 and MCL 558.1, the Michigan Constitution recognizes the right of dower.”
Hill v. Flint, 703 N.W.2d 191 (Mich. Ct. App. 2005).
“MCL 700.2202 AND MCL 700.2301 A. STANDARD OF REVIEW Statutory construction is a question of law that requires review de novo.”
— Mich. Comp. Laws § 700.2202(2)(a) — 2 cases
Hill v. Flint, 703 N.W.2d 191 (Mich. Ct. App. 2005).
“MCL 700.2202 AND MCL 700.2301 A. STANDARD OF REVIEW Statutory construction is a question of law that requires review de novo.”
In Re Est. of Sprenkle-Hill, 703 N.W.2d 191 (Mich. Ct. App. 2005).
“§ 700.2202 and M.C.L. § 700.2301 A. Standard Of Review Statutory construction is a question of law that requires review de novo.”
— Mich. Comp. Laws § 700.2202(2)(b) — 1 case
In Re Est. of Miltenberger, 753 N.W.2d 219 (Mich. 2008).
“[33] MCL 700.2202(1) provides a similar choice for a widow whose husband died intestate.”
— Mich. Comp. Laws § 700.2202(2)(c) — 3 cases
In Re Miltenberger Est., 737 N.W.2d 513 (Mich. Ct. App. 2007).
“III In addition to the statutory provisions of MCL 700.2202 and MCL 558.1, the Michigan Constitution recognizes the right of dower.”
Miltenberger v. Swartz, 737 N.W.2d 513 (Mich. Ct. App. 2007).
“m In addition to the statutory provisions of MCL 700.2202 and MCL 558.1, the Michigan Constitution recognizes the right of dower.”
— Mich. Comp. Laws § 700.2202(5) — 2 cases
In re Eggleston Est., 698 N.W.2d 892 (Mich. Ct. App. 2005).
“MCL 700.2202. Petitioner, the daughter, guardian, and conservator for Max D.”
In Re Eggleston Est., 698 N.W.2d 892 (Mich. Ct. App. 2005).
“MCL 700.2202. Petitioner, the daughter, guardian, and conservator for Max D.”
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