Rule 5.305 Notice to Spouse; Election

(A) Notice to Spouse. In the estate of a decedent who was domiciled in the state of Michigan at the time of death, the personal representative, except a special personal representative, must serve notice of the rights of election under part 2 of article II of the Estates and Protected Individuals Code, including the time for making the election and the rights to exempt property and allowances under part 4 of article II of the code, on the surviving spouse of the decedent within 28 days after the personal representative's appointment. An election as provided in subrule (C) may be filed in lieu of the notice. No notice need be given if the surviving spouse is the personal representative or one of several personal representatives or if there is a waiver under MCL 700.2205.

(B) Proof of Service. The personal representative is not required to file a proof of service of the notice of the rights of election.

(C) Spouse's Election. If the surviving spouse exercises the right of election, the spouse must serve a copy of the election on the personal representative personally or by mail. The election must be made within 63 days after the date for presentment of claims or within 63 days after the service of the inventory upon the surviving spouse, whichever is later. The election may be filed with the court.

(D) Assignment of Dower. A petition for the assignment of dower under MCL 558.1-558.29 must include:

(1) a full and accurate description of the land in Michigan owned by a deceased husband and of which he died seized, from which the petitioner asks to have the dower assigned;

(2) the name, age, and address of the widow and the names and addresses of the other heirs;

(3) the date on which the husband died and his domicile on the date of his death; and

(4) the fact that the widow's right to dower has not been barred and that she or some other person interested in the land wishes it set apart.

If there is a minor or other person other than the widow under legal disability having no legal guardian or conservator, there may not be a hearing on the petition until after the appointment of a guardian ad litem for such person.