(a)   In this section, "net estate" means the property of the decedent
passing by testate succession, without a deduction for State or federal
estate or inheritance taxes, and reduced by:
    (1)   Funeral and administration expenses;
    (2)   Family allowances; and
    (3)   Enforceable claims and debts against the estate.
  (b)   Instead of property left to the surviving spouse by will, the surviving
spouse may elect to take a one-third share of the net estate if there
is also a surviving issue, or a one-half share of the net estate if
there is no surviving issue.
  (c)   The surviving spouse who makes this election may not take more than a
one-half share of the net estate.
  (d)   For the purposes of this section, the net estate and the property
allocable to a share of a surviving spouse shall be valued as of the
date or dates of distribution.
  (e)   (1)   For the purposes of this section, a surviving spouse who has elected to
take against a will shall be entitled to the surviving spouse's
portion of the income earned on the net estate during the period of
administration based on a one-third or one-half share, whichever is
applicable.
    (2)   If one or more distributions have been made to a surviving spouse or
another person that require an adjustment in the relative interests of
the beneficiaries, the applicable share shall be adjusted.
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