An elective share is a term used in
American law relating to
inheritance, which describes a proportion of an
estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's
will. It may also be called a widow's share, statutory share or forced share.The elective share is the modern version of the
English common law concepts of
dower and
curtesy, both of which reserved certain portions of a decedent's estate which were reserved for the surviving spouse, in order to prevent them from falling into poverty and becoming a burden on the community.Currently, the amount to be reserved for a spouse is determined by the law of the state where the estate is located. In most states, the elective share is between 1/3 and 1/2 of all the
property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of
minor children. Some states also reduce the elective share if the surviving spouse is independently wealthy.
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Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse's will.
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