Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse’s will.
According to certain traditions, the surviving spouse usually gets one-third of the property, no matter the number of years they were married to the deceased.
The elective share is also known as a statutory share, election against the will, forced share, or widow’s share. The amount that will be kept for the surviving spouse varies by the state where the deceased’s estate is situated. In some states, the spouse can claim an elective share and get it. However, nothing else will be given to them from the estate.« Back to Glossary Index