Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 2210. Procedure for election; time limit.
(a) How election made.--A surviving spouse's election to take or not to take his elective share shall be by
a writing signed by him and filed with the clerk of the orphans' court division of
the county where the decedent died domiciled. Notice of the election shall be given
to the decedent's personal representative, if any.
(b) Time limit.--The election must be filed with the clerk before the expiration of six months after
the decedent's death or before the expiration of six months after the date of probate,
whichever is later. The court may extend the time for election for such period and
upon such terms and conditions as the court shall deem proper under the circumstances
on application of the surviving spouse filed with the clerk within the foregoing time
limit. Failure to file an election in the manner and within the time limit set forth
in this section shall be deemed a waiver of the right of election.
(c) Costs.--The costs of filing and recording the election shall be reimbursed out of the estate
as a part of the administration expenses.
(Feb. 18, 1982, P.L.45, No.26, eff. imd.)
Notes of Decisions
Est. of: Simpson, W.Appeal of: Colecchia, D., 305 A.3d 176 (Pa. Super. Ct. 2023).
· cites it 8× “§ 2203 (providing the surviving spouse of a resident decedent the right to an elective share of one-third of the property enumerated in subsection 2203(a)); 20 Pa.C.S. § 2210 (establishing the procedure and time limit for a surviving spouse’s exercising of her right to elect to…”
In Re Est. of Reifsneider, 610 A.2d 958 (Pa. 1992).
· cites it 4× “The appellants argue that the statute imposes no specific time frame for obtaining court approval, requiring only that the election be filed within six months of death or probate, 20 Pa.C.S. § 2210. [1] In this, they attempt to draw a distinction between filing an election and…”
In Re: Est. of Tito, R., Appeal of: Galinac, C., 150 A.3d 464 (Pa. Super. Ct. 2016).
“Does the statute of limitations in 20 Pa.C.S. § 2210 prevent [Galinac] from proving her common law marriage to [Decedent] and electing against the will? 3.”
In re Beal, 46 Pa. D. & C.5th 508 (2015).
“In Pennsylvania, “[t]he election must be filed with the clerk before the expiration of six months after the decedent’s death or before the expiration of six months after the date of probate, whichever is later.”
Est. of Campbell, 701 A.2d 767 (Pa. Super. Ct. 1997).
“This claim revolves around the application of 20 Pa.C.S. § 2210, Procedure for election; time limit, which states in pertinent part: (a) How election made.”
Deutscher Est., 9 Pa. D. & C.4th 600 (1991).
“20 Pa.C.S. §2210 (1982). Florence Deutscher petitioned the court in October 1985, requesting ,an extension for the surviving spouse’s right to elect against the will and conveyances of the decedent.”
— 20 Pa. Cons. Stat. § 2210(b) — 3 cases
Est. of: Simpson, W.Appeal of: Colecchia, D., 305 A.3d 176 (Pa. Super. Ct. 2023).
“§ 2203 (providing the surviving spouse of a resident decedent the right to an elective share of one-third of the property enumerated in subsection 2203(a)); 20 Pa.C.S. § 2210 (establishing the procedure and time limit for a surviving spouse’s exercising of her right to elect to…”
In Re Est. of Reifsneider, 610 A.2d 958 (Pa. 1992).
“The appellants argue that the statute imposes no specific time frame for obtaining court approval, requiring only that the election be filed within six months of death or probate, 20 Pa.C.S. § 2210. [1] In this, they attempt to draw a distinction between filing an election and…”
In re Beal, 46 Pa. D. & C.5th 508 (2015).
“In Pennsylvania, “[t]he election must be filed with the clerk before the expiration of six months after the decedent’s death or before the expiration of six months after the date of probate, whichever is later.”
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