Under EPTL 5-1.1-A (d), the written notice of the election must be served upon the personal representative, with the original filed with the court with proof of service. Has anyone had situation where the administrator or executor of the estate is the spouse seeking to exercise their right of election? How is service of the notice of election handled in that situation? Maria Gasparis, Esq. Managing PartnerTSUNIS GASPARIS LLP2929 Expressway Drive North, Suite 103 Islandia, New York 11749(631) 582-4000 (631) 582-4081 Fax Our offices are located at the CITIZENS BANK BUILDING in Islandia, NY. THIS MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND MAY BE PRIVILEGED OR OTHERWISE PROTECTED FROM DISCLOSURE. NO CONFIDENTIALITY OR PRIVILEGE IS WAIVED OR LOST BY ANY IMPROPER TRANSMISSION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR AGENT OF SAME, PLEASE TELEPHONE OR EMAIL THE SENDER, AND DELETE THIS EMAIL AND ANY ATTACHMENTS FROM YOUR SYSTEM. IF YOU ARE NOT THE INTENDED RECIPIENT YOU ARE PROHIBITED FROM COPYING THIS MESSAGE OR ATTACHMENT OR DISCLOSING THE CONTENTS TO ANY OTHER PERSON Tax Advice Notice: The Department of Treasury recently revised guidelines for tax practitioners known as Circular 230. In accordance with these guidelines, you are hereby advised that any tax advice contained in this email , including any attachments, is not intended or written to be used, nor can it be used for the purpose of (i) avoiding any tax-related penalties under the Internal Revenue Code or (ii) supporting, marketing or recommending any tax-related matters contained in this communication