LawMeaning

Elective Share

In one sentence

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

Plain English

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.

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Example

Tom's will leaves his entire $500,000 estate to his adult son from a previous marriage, giving nothing to his current wife, Lisa. Lisa files an elective share claim and the court awards her $250,000 (half the estate), leaving Tom's son with the remainder.

Used in a sentence

“The widow exercised her elective share to claim one-third of her husband's estate despite being excluded from his will.”

Related terms

Probate
The court process of validating a will and distributing a deceased person's estate.
Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
Executor
The person appointed to carry out the instructions in a will.
Power of Attorney
A legal document authorizing someone to act on your behalf in financial or medical decisions.
Living Will
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
Material Fact
A fact that significantly affects a party's rights, obligations, or decision-making in a contract.
Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Testamentary Trust
A trust created within a will that takes effect after the person dies.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.