Section 28-39-405 - Right of election personal to surviving spouse(a) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.(b) The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.Acts 1949, No. 140, § 37; A.S.A. 1947, § 60-505.