The elective share must be exercised within two years of death, with possible extension for good cause. Which option reflects this rule?

• A. Six months
• B. Two years, with potential court extension for good cause
• C. Five years
• D. No time limit

Answer: (B)

The main idea is that the surviving spouse must act within a fixed timeframe to claim the elective share, with a court having the power to extend that deadline for good cause. In New York, the election to take the elective share must be filed within two years after the decedent’s death. The court can grant an extension if the spouse shows good cause, recognizing that probate can be complex or that there may be legitimate reasons for needing more time. This setup provides a clear deadline to prevent endless claims while allowing flexibility when serious impediments exist. If the election isn’t timely, the right to elect is generally lost. That’s why the option describing two years with a potential extension for good cause is the correct rule.