Elective Share in New York
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, unless the will provides more.
How New York treats Elective Share
New York's elective share is codified in the Estates, Powers and Trusts Law and grants the surviving spouse a fractional share of the net estate. If the deceased spouse had children, the spouse takes one-third; without children, the spouse takes one-half. The surviving spouse must elect this share within a specific time period, typically within six months of probate, and the election is filed with the court.
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 New York.