Elective Share in Pennsylvania
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if there are children, or one-half if there are none.
How Pennsylvania treats Elective Share
Pennsylvania's elective share under the Uniform Probate Code framework provides that a surviving spouse receives one-third of the net estate if the deceased left surviving children, and one-half if no children survive. The spouse must affirmatively elect to take this share rather than accept what the will provides. The election period and specific procedures are governed by Pennsylvania's probate statutes. This right protects the surviving spouse from being disinherited.
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 Pennsylvania.