Elective Share in Maine
State-specific overview · Estate & Probate
A surviving spouse receives one-third of the estate if children exist, or one-half if no children survive.
How Maine treats Elective Share
Maine follows the Uniform Probate Code approach, allowing a surviving spouse to elect against the will and claim a statutory share. If the deceased left surviving descendants, the surviving spouse receives one-third of the net probate estate. If no descendants survive, the surviving spouse receives one-half of the net probate estate. The election must be made within nine months after the appointment of a personal representative or the right is barred.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maine.