Elective Share

The elective share is a legal provision that allows a surviving spouse to claim a portion of the deceased spouse’s estate, regardless of the terms set forth in the deceased’s will. This concept is designed to protect the surviving spouse from being disinherited and to ensure a minimum level of financial support after the death of a partner.

In most jurisdictions, the elective share typically amounts to a percentage of the deceased spouse’s estate. For instance, in Texas, a surviving spouse may elect to take a share that is one-third of the community property and one-half of the separate property of the deceased spouse. The elective share applies only if the deceased spouse has not provided for the surviving spouse in their will or has left them less than the statutory share.

To exercise the elective share, the surviving spouse must file a written election with the probate court within a specific timeframe, often within a few months of the date of death. If the election is valid, the surviving spouse will receive the share as determined by state law, which can include various types of property and assets.

Overall, the elective share serves as a safeguard for surviving spouses, ensuring they have a legal right to a portion of the estate, reflecting the partnership and mutual support expected in marriage.