861.08 Proceeding for election; time limit.
106 words·~1 min read·
/wi/chapter-861/861-08A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
861.08 Proceeding for election; time limit.
(1)Generally. Except as the time may be extended under sub.
(3), in order to make the election, the surviving spouse shall, within 6 months after the date of the decedent’s death, do all of the following:
(a)File a petition for the election with whichever of the following applies:
1. The court that has jurisdiction of the probate proceedings relating to the decedent’s estate if a judicial proceeding has been commenced.
2. The court that has jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence if no judicial proceeding has commenced.