Also known as:special elective shares · elective share
Written by attorneys · grounded in primary & secondary sources — see below
An elective-share right of a surviving spouse to a fractional portion of the decedent's augmented estate, including both probate assets and specified nonprobate transfers.
Sources & Authorities· 8 primary sources
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Uniform Acts
Restatements
How it applies
Common Examples
2
Killer Forfeits Elective Share
Solomon Silver feloniously kills his spouse Sarah Sullivan. After conviction, the probate court applies the slayer rule to Sarah's estate. Solomon therefore receives no portion of the augmented estate that would otherwise have passed to him by elective share.
Postnuptial Waiver Bars Claim
Sasha Stone executes a written postnuptial agreement waiving all rights in the estate of her spouse, the founder of Sterling Manufacturing. Upon the founder's death, the agreement prevents Sasha from asserting any claim to the augmented estate that would otherwise have passed by elective share.
Put it into practice
Test Yourself
10
Practice Questions5
Study Supplements
Common questions
Frequently Asked
3
Does a slayer forfeit the elective share?+
Yes. Under the Uniform Probate Code, an individual who feloniously and intentionally kills the decedent forfeits all benefits under the article, including an elective share.
Supporting sources
Can a written waiver extinguish elective share rights?+
Yes. A waiver of all rights in the property or estate of a spouse, or equivalent language in a postnuptial agreement, constitutes a waiver of elective share rights.
Supporting sources
Are family allowances charged against the elective share?+
No. The family allowance is not chargeable against any benefit or share passing to the surviving spouse by way of elective share.
Supporting sources
Real PropertyOwnership of real property · Present estates and future interestsUBEIntermediate