Surviving Spouse
The husband or wife of the person who died, who usually holds protected rights in the estate.
What Surviving Spouse means in an estate
A surviving spouse generally has the strongest position of anyone connected to the estate: a large or complete intestate share, plus some combination of an elective share, a family allowance, exempt property, and homestead rights. The person must have been legally married at the moment of death, so a separated but not-yet-divorced spouse usually still counts. Which of these protections exist, what they are worth, and how they stack vary by state.
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 surviving spouse is handled where the estate is being settled.
Related terms
Full probate glossary
Browse every probate and estate settlement term.
Probate assessment
Not sure what applies to your situation? Answer a few questions to find your path.
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.