Elective Share
A surviving spouse's right to claim a minimum portion of the estate even when the will leaves them less.
Also known as: Spousal Elective Share, Forced Share.
What Elective Share means in an estate
Most separate-property states let a surviving spouse override the will and take a statutory minimum instead, so that a spouse cannot be disinherited outright. Community-property states generally do not use an elective share, because the surviving spouse already owns half of the marital property. The size of the share, which assets it is measured against (sometimes including assets that never went through probate), and the deadline to elect vary by state, and the deadline is often short.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how elective share is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.