861.08 Proceeding for election; time limit.
213 words·~1 min read·
/wi/chapter-861/861-08-2A 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.
(b)Mail or deliver a copy of the petition to the personal representative, if any, of the decedent’s estate.
(2)Notification of interested parties. The surviving spouse shall give notice, in the manner provided in ch. 879 , of the time and place set for hearing the petition to any persons who may be adversely affected by the election.
(3)Extension of time for election.
(a)Subject to par.
(b), the court may grant the surviving spouse an extension for making an election if the surviving spouse petitions the court for an extension, gives notice as specified in sub.
(2)and shows cause for an extension.