19 Election of homestead by surviving spouse
apply to more than one homestead, and if a married person dies
owning 2 or more homesteads, the surviving spouse shall in
writing, signed by the spouse, elect the homestead in which the life
estate is claimed.
(2) The election shall be addressed to the Registrar of the proper
land titles office and shall be in the prescribed form.
(3) If a married person dies owning 2 or more homesteads, no
homestead belonging to the deceased married person shall be
transferred or otherwise disposed of by the executor or
administrator of the estate of the deceased married person until the
executor or administrator has registered in the proper land titles
office the election of the surviving spouse.
(4) If the surviving spouse neglects or refuses to make an election,
the executor or administrator may, at the expiration of 3 months
after the date of the death of the married person, apply to the Court
for an order designating the homestead to which the dower rights of
the surviving spouse attach.
(5) The executor or administrator shall register any order made
pursuant to subsection (4) with the Registrar of the proper land
titles office.
RSA 2000 cD-15 s19;2009 c53 s50