Statutes permit a surviving spouse to elect a defined share, frequently one-third, in lieu of the testamentary provision. Augmented estate provisions include non-probate transfers to prevent circumvention.
Election requires a timely filing.
Alternative Names:
Spousal Elective Share|Forced Share
Why it Matters?
Augmented estate provisions defeat circumvention by reaching lifetime transfers, jointly held property, and beneficiary designations, which means structuring around the elective share through non-probate transfers generally fails in states adopting the augmented approach. Waiver through a prenuptial or postnuptial agreement is the reliable route, subject to the disclosure and voluntariness requirements those agreements carry.
Frequently Confused with
Related terms
Frequently asked questions
Can the share be avoided through lifetime transfers?
What is the reliable waiver route?
