Citation To Surviving Spouse To Exercise Elective Rights {8.0}

FORM 8.0 - CITATION TO SURVIVING SPOUSE. This form is used by the Stark County Probate Court to officially notify the surviving spouse of a deceased individual that they must decide whether to exercise their elective rights under Ohio Revised Code Sections 2106.01 and 2106.02. These rights may include the right to elect against the decedent’s will, meaning the surviving spouse can choose to receive a share of the estate regardless of the terms of the will. The citation includes a summary of these rights and serves as a legal warning that most of them must be exercised within five months from the date the executor or administrator was initially appointed. If the spouse does not act within that time, it is assumed they have chosen not to exercise those rights, and they will be forfeited. The form provides the date of the executor or administrator’s appointment, the court’s address, and the names and contact information of the executor/administrator and their attorney. It advises the spouse to seek legal counsel if they have questions about their rights. www.FormsWorkflow.com