A spouse's election to take a share may be made within how many months of the decedent's death?

The correct answer is based on the specific timeframe allocated by law for a surviving spouse to make an election to take a share of a decedent's estate. In Ohio, the surviving spouse has a period of 5 months from the date of the decedent’s death to make this election. This time limit is designed to provide clarity and efficiency in the estate administration process, ensuring that the wishes of the decedent and the rights of the surviving spouse are both considered within a reasonable timeframe.

This 5-month period enables the surviving spouse to assess their options regarding the estate and make an informed decision about whether to accept what is offered under the will or to elect for a statutory share. Taking action within this period is essential to protect the legal rights granted to the spouse under Ohio law. If the election is not made within this timeframe, the surviving spouse may forfeit their right to claim the share they could have otherwise received.

Understanding the legal framework surrounding the surviving spouse’s rights in estate matters is crucial for anyone preparing for the CPLTA exam, as it reflects the significance of timely and informed decision-making in estate planning and distribution.