When someone has passed away, you as the personal representative need to inform all interested parties. Among this interested party could be a spouse, in which you need to deliver a separate notice. This notice however, is to inform the spouse of his or her rights in the probate process and provides an opportunity to elect against the will, accept the terms, whether they want to assert their dower rights or exemptions. The way in which you do so is by completing and filing the Notice to Spouse of Election of Exemptions and Allowances form.
The Notice to Spouse of Election of Exemptions and Allowances form, which can be found by clicking here. Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Notice to Spouse of Election of Exemptions and Allowances form is no different.
The Notice to Spouse of Election of Exemptions and Allowances form is associated with MCL 700.2202, which states:
(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.
In addition to this statute, the Notice to Creditors form is associated with MCL 558.1, MCL 558.2, MCL 700.3705 and MCR 5.305. These are accessible by clicking on the MCL or MCR number. To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.