Free Notice to Spouse of Rights of Election and Allowances, Proof of Service, and Election - Michigan

Approved, SCAO

JIS CODE: NSE

STATE OF MICHIGAN PROBATE COURT COUNTY OF Estate of

NOTICE TO SPOUSE OF RIGHTS OF ELECTION AND ALLOWANCES, PROOF OF SERVICE, AND ELECTION

FILE NO.

NOTICE TO: As surviving spouse of a decedent domiciled in Michigan, you have the right to elect between certain property interests in this estate. 1. Your spouse died leaving a will. You may elect one of the following: a. To abide by the terms of the will. b. To take half of the share that would have passed to you had your spouse died without a will, reduced by half of the value of all property derived from your spouse by any other means other than testate or intestate succession upon his/her death. c. If you are a widow, to take your dower right as provided by law. 2. Your husband died leaving no will. You may elect one of the following: a. To take your intestate share. b. To take your dower right as provided by law. 3. This election shall be made within 63 days after the date for presentment of claims, or within 63 days after service of inventory upon you, whichever is later. Send a copy of this election to the personal representative. You may also file a copy with the court. 4. You may also have the right of priority to homestead, certain property, and a family allowance.
Attorney name (type or print) Address City, state, zip Telephone no. Signature of personal representative Address City, state, zip

I served

PROOF OF SERVICE OF NOTICE by mail personally the above notice on the spouse on
Date

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I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.
Date Choose only one box. Signature

SPOUSE'S ELECTION

1. I will abide by the terms of the will. 2. I will take half of the share that would have passed to me had the testator died intestate, reduced by half of the value of all property derived from the decedent by any means other than testate or intestate succession upon the decedent's death. 3. I, as widow, take my dower right as provided by law. 4. I, as widow, take my intestate share (no will) as prescribed by law.
Date Signature

I served

PROOF OF SERVICE OF ELECTION by mail personally the above spouse's election on the personal representative on

I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.
Date Signature

Date

.

Do not write below this line - For court use only

MCL 558.1-558.2, MCL 700.2202, MCL 700.3705, MCR 5.305 PC 581 (9/04)

NOTICE TO SPOUSE OF RIGHTS OF ELECTION AND ALLOWANCES, PROOF OF SERVICE, AND ELECTION