Elective Share Statute

The Elective Share Statute is a legal provision that allows a surviving spouse to claim a portion of the deceased spouse’s estate, regardless of what is stated in the decedent’s will. This statute is designed to protect the surviving spouse’s financial interests and ensure they receive a fair share of the marital assets.

In Texas, the Elective Share Statute is governed by the Texas Estates Code, specifically Sections 201.001 through 201.003. Under this statute, a surviving spouse may elect to take an "elective share," which typically amounts to one-third of the deceased spouse’s community property and a portion of their separate property. The purpose of this provision is to prevent disinheritance and to ensure that a surviving spouse is not left destitute when their partner passes away.

For example, if a married couple has community property worth $600,000 and one spouse passes away, the surviving spouse can elect to receive one-third of the total estate value. If the deceased spouse had a will that left all assets to someone other than the surviving spouse, the latter could still exercise the elective share and receive their entitled portion, thus overriding the will’s provisions.

It is important to note that the Elective Share Statute only applies to spouses and does not extend to other heirs or beneficiaries. Additionally, the election must be made within a specified time frame, typically within six months of the decedent’s death, and the surviving spouse must formally file a claim in probate court to enforce this right.