Also known as: elections by spouse · spousal election · elective share
Written by attorneys · grounded in primary & secondary sources — see below
A statutory right allowing a surviving spouse to claim a designated portion of the decedent's estate rather than accepting the provisions made by will or other transfers. The claim is calculated against an augmented estate that includes specified probate and nonprobate assets. Amounts already received by the spouse are credited against the share.
Eduardo Enriquez feloniously and intentionally kills his spouse Elise Everly. After her death, Eduardo petitions the probate court for an elective share of her augmented estate. The court denies the petition because the statute bars any benefit, including an elective share, to a person who feloniously and intentionally kills the decedent.
Tyson Hall petitions for an elective share after his spouse Kandi Ann Hall dies intestate. The court grants the petition, confirming that a surviving spouse may claim the elective share even when the decedent left no will.
Select any source to read its text and confirm it supports the definition.
Yes. A surviving spouse may claim an elective share of an intestate estate under the governing statute.
Supporting sources
A written agreement signed by the spouse before or after marriage waives the right to an elective share, homestead allowance, exempt property, and family allowance unless the agreement provides otherwise.
Supporting sources
No. These allowances are payable in addition to the elective share and are not charged against it.
Supporting sources
The spouse forfeits the elective share and all other benefits under the article because the statute bars any benefit to a person who feloniously and intentionally kills the decedent.
Supporting sources
…Opinion of the Court by Tufte, Justice. [¶1] Brianna McLaen appeals from an order granting Tyson Hall’s petition for an elective share of the Estate of Kandi Ann Hall. McLaen argues the district court erred by determining Tyson Hall could claim an elective share of Kandi Hall’s intestate estate and by deciding a warranty…