How long does a surviving spouse have to file an election for an elective share of an estate with the Court of Chancery?

The election for an elective share by a surviving spouse must be filed with the Court of Chancery within 6 months of the appointment of the personal representative of the decedent's estate. This time frame is important as it establishes a clear period during which a surviving spouse can assert their right to an elective share, which allows them to receive a portion of the deceased spouse's estate regardless of the provisions of the will.

By limiting the time frame to 6 months, the law serves to expedite the administration of the estate and provides a balance between protecting the rights of the surviving spouse and allowing for the efficient resolution of estate matters. The elective share is designed to prevent disinheritance of a spouse and to recognize their contributions to the marriage, thus ensuring they receive a fair share of the estate.