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PC.e8.1 (rev. 102002) probate court of Franklin County, Ohio Lawrence a. basis, judge election of surviving spouse to take under will r.c. 2106.05

How to fill out election of surviving spouse

How to fill out the election of surviving spouse:

1. Obtain the necessary forms: Start by obtaining the election of surviving spouse form from your local probate court or estate planning attorney. This form is typically used to establish the surviving spouse's right to receive certain assets or benefits from the deceased spouse's estate.
2. Gather essential information: Before filling out the form, gather all the necessary information, such as the full legal names of both spouses, dates of birth, marriage certificate, and the deceased spouse's date of death. You may also need to provide details about any prenuptial agreements or previous marriages.
3. Complete the personal information section: Begin filling out the form by providing your personal information, including your name, address, and contact details. Additionally, provide the same information for the deceased spouse.
4. Indicate your choice: In the election of surviving spouse form, you will need to indicate your choice between accepting the terms of the deceased spouse's will or electing to receive a statutory share of the estate. Carefully read through the instructions and selection options provided on the form and mark your choice accordingly.
5. Attach supporting documents: Depending on your state's regulations, you may need to attach certain supporting documents to the form. These may include a copy of the deceased spouse's will, death certificate, marriage certificate, and any relevant financial statements.
6. Review and sign the form: Before submitting the form, carefully review all the information you have provided to ensure accuracy. Once you are satisfied, sign and date the form as required.
7. Submit the form: After completing and signing the form, follow the provided instructions to submit it to the appropriate authority, such as the probate court or estate administrator. Make sure to keep copies of the completed form and any supporting documents for your records.

Who needs an election of surviving spouse:

1. Surviving spouse: The primary individual who needs to consider filing an election of surviving spouse is the spouse who is still alive after the death of their partner. By filing this election, the surviving spouse asserts their rights to certain assets or benefits that they may be entitled to under state law, even if the deceased spouse's will did not specifically include them.
2. Executors or estate administrators: Executors or estate administrators of the deceased spouse's estate generally need to be aware of the existence of an election of surviving spouse. They may need to consider its potential impact on the distribution of the estate and ensure that any necessary actions are taken to fulfill the surviving spouse's election rights.
3. Estate planning attorneys or professionals: Attorneys or professionals specializing in estate planning and probate matters should have knowledge and familiarity with the election of surviving spouse. They play a crucial role in assisting surviving spouses and executors with the proper completion and submission of the required forms, ensuring compliance with state laws, and advising on any potential legal implications related to the election.

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What is election of surviving spouse?

The election of surviving spouse refers to the process by which a surviving spouse chooses to receive a portion of the deceased spouse's estate instead of what was outlined in the will.

Who is required to file election of surviving spouse?

The surviving spouse is usually the one required to file the election of surviving spouse in order to claim their portion of the estate.

How to fill out election of surviving spouse?

The election of surviving spouse form typically needs to be completed and submitted to the probate court along with any required documentation such as the death certificate of the deceased spouse and proof of marriage.

What is the purpose of election of surviving spouse?

The purpose of the election of surviving spouse is to ensure that the surviving spouse is adequately provided for after the death of their partner, even if the will does not explicitly make provisions for them.

What information must be reported on election of surviving spouse?

The election of surviving spouse form usually requires the surviving spouse to provide information about the deceased spouse's estate, their relationship to the deceased, and the assets they are electing to receive.