In re the Estate of Farina

WEFING, J.S.C.

The following is written to supplement an oral opinion previously given in this matter, which was heard on the return date of an order to show cause seeking issuance of letters of administration C.T.A. and a spouse’s elective share.

The recent case of McKay v. McKay’s Estate, 184 N.J.Super. 217, aff’d 188 N.J.Super. 44 (App.Div.1983), held that the six-month period within which a surviving spouse may elect to take an elective share pursuant to N.J.S.A. 3B:8-1 et seq. may not be extended unless the surviving spouse has filed an application for extension within the original six…