Korie Sterling Saylor v. Jonathan Fred Saylor, as Personal Representative of the Estate of Woodie Jim Saylor, Deceased

Summary

The court affirmed summary judgment dismissing Korie Saylor's claim for an elective share because she neither filed her election nor requested an extension before the statutory election period expired. The court held that the probate court's preliminary orders granting an extension and recognizing entitlement to an elective share were not final, appealable orders because they did not determine the amount of the share or compel payment. The court further held that equity could not excuse the untimely filing absent fraud or comparable circumstances, and that ignorance of the right, lack of estate information, and failure to receive advice from the estate's attorney were insufficient. Justice Bryan concurred in the result.