A surviving spouse is entitled to benefits provided under or outside of the decedent's will, by any homestead allowance, by Section 62-2-401, whether or not he elects to take an elective share, but such amounts as pass under the will or by intestacy, by any homestead allowance, and by Section 62-2-401 are to be charged against the elective share pursuant to Section 62-2-207(a).

HISTORY: 1986 Act No. 539, SECTION 1; 1990 Act No. 521, SECTION 16; 2013 Act No. 100, SECTION 1, eff January 1, 2014.