Elective Share in Massachusetts
State-specific overview · Estate & Probate
A surviving spouse receives one-third of the estate if there are children, or one-half if there are no children.
How Massachusetts treats Elective Share
Massachusetts law grants the surviving spouse a statutory share that operates independently of the will's terms. If the deceased spouse had children, the surviving spouse receives one-third of the estate; without children, the surviving spouse receives one-half. This right applies to property passing through probate and cannot be eliminated by will provisions. The surviving spouse must assert this right within the probate process.
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 Massachusetts.