Also known as: surviving spouses · widow · widower
Written by attorneys · grounded in primary & secondary sources — see below
A spouse who outlives the other spouse. The status confers rights to a share of the decedent's intestate estate, statutory allowances, and protection against certain testamentary dispositions of jointly held property.
Samantha Stone and her husband held their home as tenants by the entirety. While divorce proceedings were pending, the husband executed a will devising his interest in the home to a third party. Upon the husband's death the marriage remained legally intact, so title to the entire home vested in Samantha by operation of law.
Skylar Sullivan died intestate survived by his wife Sasha and their two children. The entire intestate estate first satisfied Sasha's statutory share. The balance then passed by representation to the two children under the applicable intestacy rules.
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Sebastian Santos funded a revocable trust with most of his assets. After his death his probate estate proved insufficient to pay funeral expenses and the statutory allowance due his surviving spouse Sylvia. Creditors and the estate therefore reached the trust assets to the extent needed to satisfy Sylvia's allowance.
Sierra Santos held land in fee simple conditional. Upon her death her surviving spouse claimed dower. The interest attached as though the estate had been fee simple absolute, yet remained subordinate to any executory interest that had restricted Sierra's original title.
Southland Foods founder died intestate survived only by his spouse and no descendants or parents. The surviving spouse therefore received the entire intestate estate under the statutory formula that awards everything when no other qualifying relatives exist.
Stonehaven Properties owner held land in fee tail. At his death his surviving spouse asserted curtesy. The interest attached exactly as it would have in fee simple absolute, subject only to any remainder or executory interest that had limited the original estate.
A decree of separation that does not terminate the marriage leaves the surviving spouse status intact. The marriage remains legally valid at death, so the separated spouse retains all intestate and allowance rights.
When the decedent is survived by descendants, the surviving spouse first receives the statutory share. Any remaining portion of the intestate estate then passes by representation to the surviving descendants.
After the settlor's death the assets of a revocable trust are subject to the surviving spouse's statutory allowance to the extent the probate estate is inadequate.
…defines “family” to include only the husband, wife, and their unmarried children; parents and their children; or a widow or widower and their unmarried children. Under the ordinance, John Moore could not live with his grandmother because he was the child of a deceased daughter rather than a son. Mrs. Moore was…