In intestate estates, or where the surviving spouse elects to take against the will, the surviving spouse or the spouse's conservator, if any, may, in lieu of the spouse's share in the real property possessed by the decedent at any time during their marriage which has not been sold on execution or other judicial sale, and to which the surviving spouse has made no relinquishment of right, elect to occupy the homestead. Such election shall be made and entered of record as provided in section 633.245. In making such election, the surviving spouse shall have all the rights as to personal property provided in subsections 2 and 3 of section 633.238. In case of failure to make such election, the right to occupy the homestead shall be waived.
[C97, § 3377; S13, § 3377; C24, 27, 31, 35, 39, § 12012; C46, 50, 54, 58, 62, § 636.27; C66, 71, 73, 75, 77, 79, 81, § 633.240]
88 Acts, ch 1064, §3
Referred to in § 633.236, 633.245, 633.246, 633.647, 633.704
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