Fill and Sign the Waiver or Release of Right of Election Form

IN THE ___________ COURT OF ____________ (County), _______________ (State) IN THE MATTER OF THE WILL AND ESTATE OF ____________________ (Name of Decedent) , NO. ______,_______ DECEASED Waiver of Right to Election by Spouse I, the _________________ (Name of Surviving Spouse) , the surviving spouse of _________________ (Name of Decedent) , who died on ______________ (date) , do hereby waive, discharge and release any and all claims and rights, actual, inchoate or contingent, that I may have acquired in the property of the Decedent by reason of my marriage to him, pursuant to __________________ (citation of statute) , including but not limited to: 1. Rights or claims of community property, dower, curtesy, or any statutory substitutes in any jurisdiction in which the estate of the Decedent is subject to administration; 2. The right to elect to take against the will of the Decedent; 3. The right to succeed as an heir to a distributive share in the whole or partial intestate estate of the Decedent; 4. The right to administer the estate of the Decedent; 5. The right to possession of or succession to any exempt or other personal property of the Decedent; 6. The right to a probate homestead; 7. The right to the use of or residence in the separate property residence of the Decedent; and 8. The right to a family allowance from the estate of the Decedent. I, the __________________ (Name of Surviving Spouse) , the surviving spouse of __________________ (Name of Decedent) , acknowledge that I have been represented by counsel of my choosing in executing this waiver. I have read this waiver, and I have had its contents explained to me by my counsel. I have been advised and have consulted with my counsel with respect to the legal significance of this waiver and the effect which it has on my rights otherwise obtained as a matter of law. Witness my signature this the ____ day of _______________, 20_____. _____________________________ (Printed Name of Surviving Spouse) _____________________________ (Signature of Surviving Spouse) Certificate of Service This is to certify that I, ____________________ (Name of Attorney) , attorney for ____________________ ( Name of Surviving Spouse) , the Surviving Spouse of _______________________ (Name of Decedent) , deceased, have this date served a true and correct copy of the above and foregoing Waiver of Right to Election by Spouse by U.S. Mail, postage fully prepaid, to the following: __________________________ (Name of Attorney for Executor) ______________________________ (Post Office Box No. or Street Address) ______________________________ (City, State, Zip Code) ___________________________ (Name of Executor) ____________________________________ (Post Office Box No. or Street Address) _________________________________ (City, State, Zip Code) This the ____day of ____________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Attorney for Surviving Spouse State Bar No. ____________ OF COUNSEL: _____________________ (Name of Attorney) ____________________________ (Post Office Box or Street Address) ____________________________ (City, State, Zip Code) Telephone: _________________