15-2-204. RIGHT OF ELECTION PERSONAL. The right of election of the surviving spouse may be exercised only during his lifetime by him. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his property are pending, after finding that exercise is necessary to provide adequate support for the protected person during his probable life expectancy.
History:
[I.C., sec. 15-2-204, as added by 1972, ch. 201, sec. 4, p. 510.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE
Section 15-2-201 - QUASI-COMMUNITY PROPERTY.
Section 15-2-202 - AUGMENTED ESTATE.
Section 15-2-203 - ELECTIVE RIGHT TO QUASI-COMMUNITY PROPERTY AND AUGMENTED ESTATE.
Section 15-2-204 - RIGHT OF ELECTION PERSONAL.
Section 15-2-205 - PROCEEDING FOR ELECTIVE SHARE — TIME LIMIT.
Section 15-2-206 - EFFECT OF ELECTION ON BENEFITS BY WILL OR STATUTE.