Elective Share
The statutory minimum a surviving spouse can claim from a deceased spouse's estate regardless of what the will says — typically one-third to one-half, varying by state and sometimes by marriage length. It is why a spouse generally cannot be fully disinherited.
What it means
Common-law states protect surviving spouses through the elective (or "forced") share: the spouse may renounce the will and elect the statutory portion instead. Community-property states protect spouses differently, through ownership of half the community property. Valid prenuptial or postnuptial agreements can waive elective-share rights.
Primary sources
Read more
- Dying Without a Will: Who Gets What in Your State (2026) — Die without a will and state intestacy law picks your heirs, a judge picks your kids' guardian, and unmarried partners get nothing. See exactly who inherits.