Rule 12.3. Revocation, vacating and extension of time for filing of surviving spouse’s election.

 (a)  A petition to revoke or vacate an election of a surviving spouse to take under or against the will and other conveyances of the decedent shall set forth

   (1)  the date of the decedent’s death, whether his will has been probated and, if so, a reference to the place of recording;

   (2)  the name and capacity of the fiduciary of the decedent’s estate, if any, and a reference to the record of his appointment;

   (3)  the names, addresses and relationship, if known, of those interested in the estate and the extent of the interest of each of them;

   (4)  the names of the parties in interest who have consented to the revocation or vacating of the election, and the names of those who have not consented and the reason, if any, for so refusing;

   (5)  a description and valuation of the decedent’s real and personal property affected by the election;

   (6)  the date and manner of executing the election desired to be revoked or vacated; whether the same has been recorded, registered or filed, and if so, the date and place thereof;

   (7)  whether the surviving spouse has made or executed and delivered at any place an election contrary to that desired to be revoked or vacated and whether that election has been recorded, registered or filed, and if so, the date and place thereof;

   (8)  the facts relied upon to justify the revocation or vacating of the election; and

   (9)  a request for a citation upon the parties in interest who have not joined in the petition or who have not consented thereto to show cause why the election should not be revoked or vacated.

 (b)  A petition for the extension of the time in which the surviving spouse may file an election to take against the will and other conveyances shall be filed at such place and time and shall be in such form as local rules may prescribe.

   Official Note

   The amendments are required to implement the right to elect against conveyances as authorized by Section 6111 of the Probate, Estates and Fiduciaries Code.