Section PRP.04.43 — Duty Of Court To Advise

(a) If a surviving spouse has a right to election under Section PRP.04.40 of this Probate Code, then at any time after the filing of an inventory and not more than three months after admission to probate, the Court shall advise the surviving spouse of his/her right to election and shall explain fully the right and that in the event of the failure to exercise the right of election the will shall govern and control the distribution of the estate.

(b) If the surviving spouse dies or becomes incompetent before being advised of the right of election under Section PRP.04.40 of this Probate Code and has not filed a waiver or renunciation of the right of election, the Court shall advise the personal representative or guardian of the estate of the deceased or incompetent surviving spouse of the right of election as provided in Section PRP.04.43(a).