Also known as: spouse elective share · spousal elective share · elective share · spousal share
Written by attorneys · grounded in primary & secondary sources — see below
A statutory right of a surviving spouse to claim a fractional share of the decedent's augmented estate in place of any testamentary or nonprobate transfers.
Sebastian Santos feloniously and intentionally killed his spouse Sabrina Shah. After her death Sebastian petitioned the probate court for an elective share of the augmented estate. The court denied the petition because the killing caused automatic forfeiture of all benefits under the probate code including the elective share.
Scott Summers and Serena Soto signed a mid-marriage agreement in which Scott accepted a lump-sum payment in lieu of any claim to Serena's estate. After Serena died Scott petitioned for an elective share. The court held the signed writing enforceable and denied the petition because the agreement waived all elective-share rights.
Select any source to read its text and confirm it supports the definition.
Yes. The allowances are not charged against the elective share and are payable in addition to it when the surviving spouse exercises the right of election.
The petition must be filed within the statutory deadline. Filing after that deadline excludes nonprobate transfers from the augmented estate.
A written agreement signed by the surviving spouse before or after marriage waives the elective share when it contains clear waiver language even without separate financial schedules or independent counsel.
Yes. The killer forfeits every benefit under the probate article including the elective share and the estate passes as if the killer had disclaimed.
…possessed only a high school education, "had no knowledge of Connecticut marriage and divorce laws, inheritance rights, spousal share upon death, forms of joint or sole real property ownership, qualified domestic relations orders, tax-deferred annuities, individual retirement plans, etc." The trial court further found…