633.241  Time for election to occupy homestead.

If the surviving spouse does not make an election to occupy the homestead and file it with the clerk within four months from the date of the second publication of the notice to creditors, it shall be conclusively presumed that the surviving spouse waives the right to make the election. The court on application may, prior to the expiration of the period of four months, for cause shown, enter an order extending the time for making the election.

Section History: Early form

  [C97, § 3377; S13, § 3377; C24, 27, 31, 35, 39, § 12013; C46, 50, 54, 58, 62, § 636.28; C66, 71, 73, 75, 77, 79, 81, § 633.241]

Section History: Recent form

  84 Acts, ch 1080, § 4

Internal References

  Referred to in § 633.236, 633.704


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