50-State Surveys › Spousal Elective Share Requirements by State
Spousal Elective Share Requirements by State
What elective share can a surviving spouse claim in this state, what property is counted, when and how must the election be made, and can the right be waived?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-02
What this survey covers
An elective share is a statutory claim that can override part of a deceased spouse's estate plan. The name is not uniform. Some states calculate a percentage of an augmented estate that reaches specified nonprobate transfers. Others let the surviving spouse renounce the will and take a fraction of the estate administered in probate. Community-property states may have no elective share because the survivor already owns a protected half of community property.
This survey keeps those systems in one comparison without pretending they are the same. It separates the percentage from the property base, the filing deadline from the filing method, and waiver formation from the later calculation and collection rules.
Why the property base is the decisive column
A percentage alone can be badly misleading. Florida's statute says the elective estate includes the probate estate, protected homestead, specified joint and beneficiary-designated property, revocable transfers, retained-benefit transfers, retirement benefits, insurance cash value, and certain recent transfers. Section 732.2065 then states: “The elective share is an amount equal to 30 percent of the elective estate.” Fla. Stat. §§ 732.2035, 732.2065 (accessed 2026-08-02).
Colorado goes further in a different direction: the augmented estate combines the decedent's probate and nonprobate property, transfers to the spouse, and the surviving spouse's own property and transfers. The marital-property portion scales with marriage length, and § 15-11-202 gives “an elective-share amount equal to fifty percent of the value of the marital-property portion of the augmented estate.” C.R.S. §§ 15-11-202 to -207 (accessed 2026-08-02).
Illinois shows the will-renunciation shape. Section 2-8 gives “1/3 of the entire estate if the testator leaves a descendant or 1/2 of the entire estate if the testator leaves no descendant,” after just claims; the signed renunciation is filed in the court that admitted the will. 755 ILCS 5/2-8 (accessed 2026-08-02).
Washington shows why a no-share row is not an empty row. The complete Title 11 printout contains no elective-share provision, while RCW 11.02.070 says “a one-half share of the community property shall be confirmed to the surviving spouse” and RCW 26.16.030 says neither spouse may devise more than one-half. Title 11 RCW, RCW 11.02.070, and RCW 26.16.030 (accessed 2026-08-02).
What the completed table reveals
Not every narrow probate system is purely probate-only. Vermont starts with one- half of the probate-estate balance, but § 321 permits relief for a transfer made without adequate consideration, designed to take effect at or after death, and made “for the primary purpose of defeating a surviving spouse’s right” to an intestate or elective share. The court may increase the probate share or order other equitable relief if probate assets are insufficient. 14 V.S.A. §§ 319, 321 (accessed 2026-08-02).
Kinship formulas also resist shorthand. Wyoming gives one-half when there are no surviving issue or when the spouse “is also a parent of any of the surviving issue,” and one-fourth only when the spouse “is not the parent of any surviving issue.” A mixed family therefore falls in the one-half tier if the spouse is a parent of even one surviving issue. Wyo. Stat. § 2-5-101 (accessed 2026-08-02).
Several states cannot be summarized by one fraction at all. Rhode Island combines a life estate and possible real-estate allowance with the intestate share of probate personalty; its statute says allowances are “not charged against, but are in addition to, the elective share.” R.I. Gen. Laws § 33-28-1 (accessed 2026-08-02). The District of Columbia instead uses the intestate share but caps it at “one-half of the net estate bequeathed and devised by the will.” D.C. Code § 19-113 (accessed 2026-08-02).
Procedure is equally structural. Vermont measures four months from the later service of the rights notice or inventory and gives 30 days for newly disclosed property. Wyoming uses the later of three months after will admission or 30 days after court advisement, then requires certified-mail hearing notice at least 20 days before the hearing. These are not interchangeable versions of a generic probate deadline; the trigger, recipient, method, and hearing step all belong in the comparison. 14 V.S.A. § 319; Wyo. Stat. §§ 2-5-104 to -105 (accessed 2026-08-02).
How to read the table
Start with the system, amount, and estate-base columns. Together they answer whether an election exists, what fraction applies, and whether a revocable trust, POD account, survivorship asset, beneficiary designation, or the survivor's own property enters the calculation.
Then read the deadline and procedure columns as a pair. The clock may run from death, admission of the will, service of probate notice, or more than one trigger; the election may require a signed instrument, verified petition, service on the personal representative, notice to nonprobate recipients, or a hearing.
Finally, waiver and payment are separate questions. A valid premarital or marital agreement may eliminate the right before death, while the satisfaction rules decide which estate, trust, beneficiary, or transferee must contribute after a timely election. The state page supplies the verbatim statutory basis for every table value.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
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| State | Governing law and system | Eligible spouse and who may elect | Share amount and marriage length | Estate base and nonprobate transfers | Deductions, exclusions, and valuation | Deadline, extensions, and withdrawal | Filing, service, and court procedure | Waiver and agreement requirements | Payment sources and recipient liability | Effect of election and other spousal rights |
|---|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-02 | Ala. Code §§ 43-8-70–75; estate-based elective share reduced by a broadly defined surviving-spouse separate estate, not a marriage-length augmented-estate schedule |
Surviving spouse of Alabama domiciliary; spouse alone elects during life; appointed guardian/custodian/curator/conservator needs a court support-necessity finding; divorce/property-right orders and homicide can disqualify (§§ 43-8-70–71, -252–253) |
Lesser of the estate minus the spouse's separate estate or one-third of the estate; no marriage-length scale or fixed floor (§ 43-8-70(a)) |
Base is the decedent's ch. 8 estate; no decedent-transfer inclusion list. Spouse subtraction includes outright property, survivorship-acquired interests, trust income/benefits, life insurance, and broad-based employer plans (§§ 43-8-1(8), -70(b)) |
Sections 43-8-70–75 state no separate claims/expense deduction or general estate valuation date; subtract the spouse's separate estate; spouse life-estate/trust interests are presumed one-half, or two-thirds with a general appointment power, unless proof changes value (§§ 43-8-70, -75(a)) |
Later of 6 months after death or 6 months after will probate; court may extend for cause shown before expiration; withdraw before final determination (§ 43-8-73(a), (c)) |
File petition with probate court; mail or deliver it to personal representative; give hearing notice to adversely affected interested persons; court determines share after hearing (§§ 43-8-1(3), -73) |
Whole or partial pre- or postmarital waiver by signed written contract/agreement/waiver after fair disclosure; broad all-rights waiver generally also waives allowances and pre-waiver will/intestacy benefits (§ 43-8-72) |
Apply estate values passing or renounced by spouse first; equitably apportion balance among estate recipients by interest value; court may fix liability of holders or recipients even after distribution (§§ 43-8-73(d)–(e), -75) |
Election does not automatically renounce will benefits; estate values passing to spouse are credited. Homestead, exempt property, and family allowance remain available regardless and are additional under their own sections (§§ 43-8-74–75, -110–112) |
| Alaska verified 2026-08-02 | AS 13.12.201-.214; flat one-third four-component augmented-estate share plus potential $50,000 supplemental amount |
Living spouse at filing; spouse, conservator, guardian, or authorized POA agent may elect. Incapacitated-spouse election places contributed property in an Alaska custodial trust (§ 13.12.212) |
1/3 of augmented estate regardless of marriage length; potential supplemental amount equal to $50,000 minus specified spouse property/credits (§ 13.12.202) |
Net probate estate + decedent nonprobate transfers to others + transfers to spouse + spouse property/transfers; includes joint, POD/TOD, insurance, retained-benefit/power, and recent transfers (§§ 13.12.203-.207) |
Probate deductions, consideration/written-consent exclusion, claims, commuted value, and no-double-counting apply. Qualifying pre-marriage Alaska asset-protection trust transfers and AS 34.77 community property are excluded (§§ 13.12.204-.205, .208) |
Later of 9 months after death or 6 months after will probate; extension petition/notice due within 9 months. Filing after 9 months without extension loses nonprobate-to-others reach; withdraw before final determination (§ 13.12.211) |
File court petition and mail/deliver to personal representative; give hearing notice to interested persons and adversely affected augmented-estate distributees/recipients (§ 13.12.211) |
Before or after marriage: spouse-signed writing; voluntariness and unconscionability-plus-disclosure safeguards; broad 'all rights' language also reaches allowances (§ 13.12.213) |
Spouse-received property and included spouse property up to 2/3 of augmented estate first, then probate/most nonprobate transfers, then remaining recent transfers; original recipients/donees contribute or surrender (§§ 13.12.209-.210) |
Will/intestacy and nonprobate spouse benefits are satisfaction credits rather than automatic forfeitures; homestead, exempt property, and family allowance are additional (§§ 13.12.202(c), .209(a)) |
| Arizona verified 2026-08-02 | No general elective share or will-renunciation system; community-property ownership under A.R.S. §§ 14-1201(23), 14-2102, and 25-211 |
N/A—no elective-share claimant; surviving spouse retains property outside the decedent's defined estate |
No elected percentage or marriage-length scale; decedent's estate includes only separate property and decedent's community share (§ 14-1201(23)) |
No elective or augmented estate; community property is classified under § 25-211, and only the share belonging to decedent enters decedent's estate (§ 14-1201(23)) |
N/A—no elective-share deductions, exclusions, or valuation formula |
N/A—no elective-share election deadline, extension, or withdrawal rule |
N/A—no elective-share instrument, filing, service, notice, or hearing procedure |
N/A—no elective-share right to waive |
N/A—no elective-share payment or recipient-contribution system |
No election affects will benefits; decedent's estate excludes the survivor's community share, while separate omitted-spouse and allowance statutes address different rights |
| Arkansas verified 2026-08-02 | Will election for dower or curtesy, not an augmented estate; Ark. Code §§ 28-39-401–406 with share rules in §§ 28-11-301, -305, and -307 |
Decedent must die testate as to all or part; spouse must have been married continuously >1 year. Right is personal, nontransferable, and nonsurviving; court-authorized estate guardian may elect for incompetent spouse (§§ 28-39-401(a), -405) |
With descendants: 1/3 life estate in qualifying land + 1/3 personalty outright. No descendants: 1/2 against collateral heirs or 1/3 against creditors, with ancestral realty only for life (§§ 28-11-301, -305, -307) |
No augmented-estate list; statutory base is land seized during marriage and personal estate decedent died seized/possessed. With descendants, unconsented lifetime-sold land remains subject to dower/curtesy against estate creditors (§§ 28-11-301, -305) |
No general deduction or valuation formula; without descendants, fraction and estate type change for ancestral realty and creditor claims. Rare undisposed residue comes only after allowances, taxes, debts, and will gifts (§§ 28-11-307; 28-39-401(b)(3)) |
File within 1 month after claims-filing period; general claims period is 6 months after first creditor-notice publication. Share-affecting litigation extends to 1 month after final circuit-court order; withdrawal requires timely period + no reliance distribution, or later deed-rescission cause (§§ 28-39-403, -406; 28-50-101(a)(1)) |
Clerk mails election notice within 1 month after will probate if address known. Election must be written, signed, acknowledged, and filed with probate clerk of circuit court; clerk records it, and PR records copy in other AR counties with decedent's inherited realty (§§ 28-39-402, -404) |
Premarital agreement may govern property rights and disposition at death; it must be written, signed, and acknowledged by both and survive voluntariness/unconscionability-disclosure review. Real-estate dower/curtesy may be relinquished by joined deed or separate acknowledged instrument (§§ 9-11-402, -403, -406; 18-12-402) |
Dower/curtesy is assigned from the decedent's qualifying real and personal property; statutes provide no augmented-estate contribution hierarchy or general transferee-liability formula (§§ 28-11-301, -305, -307; 28-39-401) |
Statutory form renounces all will benefits and elects only § 28-39-401 property/benefits; homestead and statutory allowances are additional to dower/curtesy (§§ 28-39-401(b), -404(a)) |
| California verified 2026-08-02 | No general elective share or will-renunciation system; survivor instead has community and quasi-community property rights under Prob. Code §§ 100–102 |
N/A—no elective-share claimant; §§ 100–101 apply when the decedent was married or in a registered domestic partnership |
No elected percentage; one-half of community property and one-half of the decedent's quasi-community property belong to the survivor, with the other halves belonging to the decedent (§§ 100–101) |
No elective or augmented estate; § 102 can restore half of specified retained-benefit, revocable/consumable, or survivorship quasi-community transfers, but excludes life insurance, joint annuity, and pension |
N/A—no elective-share deductions or valuation formula; for a qualifying § 102 transfer, the remedy is half the property, proceeds, or value at transfer |
N/A—no elective-share election deadline, extension, or withdrawal rule |
N/A—no elective-share filing or service process; § 13650 separately permits a spouse-property confirmation petition |
N/A—no elective-share right to waive |
N/A—no elective-share contribution system; property restored under § 102 belongs to the survivor as though the transfer had not been made |
No election affects will benefits; §§ 100–101 fix the survivor's ownership, while § 21610 separately protects a spouse omitted from instruments made before marriage |
| Colorado verified 2026-08-15 | C.R.S. §§ 15-11-201–15-11-214; marriage-scaled augmented-estate elective share plus CPI-adjusted supplemental amount |
Living surviving spouse of a Colorado domiciliary who satisfies the 120-hour rule and is not excluded by divorce/annulment/property-rights termination; conservator, guardian, or POA agent may elect (§§ 15-11-202, -212, -702, -802) |
50% of marital-property portion; portion is supplemental-only under 1 year, then 10%–90% for years 1–9, and 100% at 10+ years; CPI-adjusted $50,000 statutory supplemental base (§§ 15-11-202–.203, 15-10-112) |
Four components: decedent net probate estate, decedent nonprobate transfers to others, decedent nonprobate transfers to spouse, and spouse property/nonprobate transfers; reaches listed joint, POD/TOD, insurance, retained-right, power, and 2-year transfers (§§ 15-11-203–.207) |
Probate base subtracts funeral/admin expenses, allowances, exempt property, and claims; nonprobate exclusions include adequate consideration, written spousal consent, BFP transfers, listed insurance/benefits, pre-1974 transfers, and third-party-created realty joint interests (§§ 15-11-204, -208) |
Later of 9 months after death or 6 months after will probate; extension petition and nonprobate-recipient notice within 9 months preserve nonprobate reach; withdraw before final determination with written notice (§ 15-11-211) |
File court petition, mail/deliver it to PR, give written hearing notice to estate interests and adversely affected augmented-estate recipients; court determines amount/payment after hearing (§ 15-11-211) |
Post-July 2014 waiver must be in an enforceable UPMAA premarital/marital agreement: record signed by both, voluntary, counsel access, rights notice/plain explanation if unrepresented, and adequate disclosure/knowledge (§§ 15-11-213, 14-2-306, -309) |
Credit probate/nonprobate property passing to spouse and marital portion of spouse property first; then proportional probate/specified 2-year transfers, then remaining nonprobate transfers; original recipients and holding donees contribute; a liable charity notified of an unsatisfied claim must hold needed designated benefits and return them within 60 days (§§ 15-11-209–.210, 15-15-104) |
No will-renunciation rule; testate/intestate property passing to spouse is credited. Exempt property and family allowance are additional, not charged against share (§§ 15-11-202(3), -209) |
| Connecticut verified 2026-08-02 | Conn. Gen. Stat. § 45a-436; testamentary statutory-share system granting a life estate, not an augmented estate |
Surviving spouse; abandonment without sufficient cause continuing to death bars statutory/intestate shares; conservator/guardian of estate may elect with appointing Probate Court's approval after notice/hearing (§ 45a-436(c), (g)) |
Life estate in 1/3 in value of net property passing under will; no marriage-length scale (§ 45a-436(a)) |
Real/personal property passing under will and legally/equitably owned at death; no augmented-estate or listed nonprobate-transfer reach (§ 45a-436(a)) |
Calculate after all estate debts and charges; § 45a-436 states no separate exclusion list or valuation-date formula (§ 45a-436(a)) |
Written notice due ≤150 days after mailing of decree admitting will to probate; late filing bars share; no extension or withdrawal procedure stated (§ 45a-436(c)) |
File written notice of intent with Probate Court where estate is in settlement; fiduciary or court-appointed distributors set out share as personalty, realty, or both (§ 45a-436(c), (e)) |
No statutory share where written pre- or postmarital contract gave either party a provision intended in lieu of share (§ 45a-436(f)) |
Fiduciary or Probate Court distributors set out life estate from testamentary property; no nonprobate-recipient contribution rule (§ 45a-436(e)) |
Will gift presumed in lieu unless will expressly/clearly makes it additional; election replaces will provision; support allowance delays taking share until allowance period expires (§ 45a-436(b), (d)) |
| Delaware verified 2026-08-02 | 12 Del. C. ch. 9; federal-gross-estate-based elective estate with spouse-transfer credits, not a probate-only share (§§ 901-903) |
Surviving spouse of Delaware-domiciled decedent, acting during life; protected person requires protective court's support finding/order. Spouse's estate succeeds only to an election already exercised (§ 904) |
1/3 of elective estate minus all transfers from decedent to spouse; no marriage-length scale or fixed floor (§ 901(a)) |
Federal gross estate whether or not Form 706 is filed, with one-half inclusion for qualifying spouse-only entirety/joint-survivorship interests; therefore not limited to probate property (§ 902) |
Subtract IRC §§ 2053 and 2054 deductions; satisfaction assets valued at distribution. Spouse credits include probate gifts, trusts, joint property, insurance, retirement, and other listed death benefits (§§ 901-903) |
6 months after grant of letters; Court of Chancery may extend for cause only on petition before expiration. Withdrawal allowed before final determination (§ 906(a), (c)) |
File Chancery petition; mail/deliver it to personal representative. Give at least 10 days' certified-mail hearing notice to interested and adversely affected elective-estate recipients (§ 906(a)-(b)) |
Before or after marriage: wholly or partly waived by party-signed written contract/agreement/waiver; broad 'all rights' language reaches the share unless contrary terms (§ 905) |
Pro rata charge against recipients of decedent's contributing estate; recipient may pay or surrender property. Contributing estate excludes survivorship property, nonestate insurance, and trusts (§ 908) |
Election does not itself forfeit will, trust, or intestate benefits; express disclaimer/renunciation is separate, but the benefits still count as spouse credits. Spouse allowance remains available (§ 907) |
| District of Columbia verified 2026-08-02 | D.C. Code §§ 19-112 to -115; will-gift renunciation for a capped intestate 'legal share,' not an augmented-estate system |
Surviving spouse or surviving domestic partner; court-authorized guardian or other fiduciary may act for a person unable by infancy, incompetency, or property-management inability (§ 19-113(c)) |
Applicable intestate share under § 19-302 (1/2, 2/3, 3/4, or entire depending on kin), capped at 1/2 of net estate devised/bequeathed; no marriage-length scale (§ 19-113(e)) |
Real and personal property in the net estate bequeathed and devised by the will; §§ 19-112 to -114 state no augmented estate or nonprobate-transfer recapture |
§ 19-113(e) uses 'net estate' but supplies no separate deduction list, valuation date, or special valuation formula |
6 months after will admitted; will-construction suit starts clock at final determination. Before expiry, reasonable-cause extensions in successive periods up to 6 months each; no withdrawal rule stated (§ 19-113(a), (c)) |
File written statutory-form renunciation in Probate Court (D.C. Superior Court). Extension notice goes to personal representative and others as court directs; section states no general service/notary requirement (§§ 19-113, -115) |
A valid antenuptial or postnuptial agreement determines estate and administration rights; § 19-113(f) states no separate execution or disclosure test |
Legal share comes from decedent's real and personal probate estate, subject to one-half cap; Chapter 1 states no nonprobate-recipient contribution or personal-liability system (§ 19-113(e)) |
Renunciation quits all will devises/bequests. If no gift was made or nothing passes, legal share arises without filing; no renunciation preserves will benefits and a share of undisposed estate (§§ 19-113(d), 19-114) |
| Florida verified 2026-08-02 | Florida Probate Code ch. 732, pt. II, §§ 732.201–732.2155; broad elective-estate system; procedure under Fla. Prob. R. 5.360 |
Surviving spouse of a decedent domiciled in Florida; spouse may elect personally, or an attorney-in-fact/guardian may elect with probate-court approval and a lifetime-best-interest finding (§§ 732.201, 732.2125) |
Flat 30% of the elective estate; no marriage-length scale (§ 732.2065) |
Probate estate plus protected homestead, specified POD/TOD and survivorship assets, revocable/retained-benefit transfers, life-insurance cash value, retirement benefits, certain 1-year transfers, and elective-share trusts (§ 732.2035) |
Core exclusions include qualifying premarital/irrevocable transfers, adequate-consideration and spouse-consented transfers, and life-insurance proceeds above cash value; generally date-of-death fair market value less claims/liens, with no double inclusion (§§ 732.2045–.2055) |
Earlier of 6 months after service of notice of administration or 2 years after death; timely good-cause extension petition, including a 40-day post-proceeding window, but never beyond 2 years; withdraw within 8 months after death and before contribution order (§ 732.2135) |
File the election in the probate case and promptly serve the personal representative by formal notice; PR serves notice on interested persons within 20 days, objections are due in 20 days, and the court determines entitlement before amount/contribution (Fla. Prob. R. 5.360) |
May waive wholly or partly before or after marriage by a signed writing before 2 subscribing witnesses; postmarital waiver requires fair disclosure, premarital waiver does not, and no consideration is required (§ 732.702) |
Credit spouse-received property first; then charge probate estate/revocable trusts, specified nonprobate recipients, and remaining recipients by statutory priority. Direct recipients and distributed estate/trust beneficiaries can owe contribution (§§ 732.2075–.2085) |
Election does not reduce what the spouse otherwise receives and does not treat the spouse as predeceased; existing spouse benefits are credited toward satisfaction under § 732.2075 (§ 732.201) |
| Georgia verified 2026-08-02 | No elective-share percentage; O.C.G.A. ch. 53-3 supplies year's support, with a will-versus-support election only for an express in-lieu provision (§§ 53-3-1, -3) |
Surviving spouse and intestate-heir minor children; spouse loses right by remarriage/death before filing, minor by marriage/death/turning 18; guardian/other person may petition (§§ 53-3-1, -2, -5) |
No fraction, floor, or marriage scale; enough property for prior standard of living during 12 months after death, considering other support, solvency, and equitable criteria (§§ 53-3-1(c), -7(c)) |
Scheduled money, personalty, or realty from decedent's solvent or insolvent estate; no augmented-estate/nonprobate-transfer formula (§ 53-3-5) |
Other support, separate estate, earning capacity, estate solvency, and equitable factors control amount; elected real-property tax years may be divested; no fixed valuation date (§§ 53-3-4, -7(c)) |
File within 24 months after death; remarriage or death before filing bars spouse; Chapter 3 states no extension or withdrawal procedure (§§ 53-3-2, -5(c)) |
GPCSF 10 sworn petition in estate probate court; property schedule/legal description; citation, 4-week publication, statutory court service, objections and hearing (§§ 53-3-5–-7) |
Will may expressly make provision in lieu, forcing election (§ 53-3-3); no general Chapter 3 waiver form; antenuptial agreement requires both signatures and 2 witnesses including notary (§ 19-3-62) |
Year's support is preferred before other debts/demands except Chapter 3 exceptions; title to awarded estate property vests in spouse/children and leaves administration (§§ 53-3-1(b), -9) |
Available whether decedent was testate or intestate; express in-lieu will gift requires choice; spouse-only award becomes spouse's unrestricted fee property (§§ 53-3-1(c), -3, -9(b)) |
| Hawaii verified 2026-08-02 | Augmented-estate elective share under HRS §§ 560:2-202 to -213; 50% of a marriage-scaled marital-property portion plus $90,000 supplemental formula |
Spouse or registered reciprocal beneficiary of HI-domiciled decedent, living when petition filed; conservator, guardian, or POA agent may act. Nondomiciliary right follows domicile law (§§ 560:2-202(d), -212) |
50% of marital-property portion; annual schedule is 3%, 6%, 12%, 18%, 24%, 30%, 36%, 42%, 54%, 60%, 68%, 76%, 84%, 92%, 96%, then 100% at 15+ years; $90,000 shortfall formula (§§ 560:2-202 to -203) |
Net probate + decedent transfers to others + decedent transfers to claimant + claimant property/transfers; reaches joint/POD/TOD, insurance, retained-benefit/power, retirement, and 2-year gifts over $32,000 per donee (§§ 560:2-203 to -207) |
Probate reduced by funeral/administration, allowances, exempt property, claims; adequate-consideration, written-consent, and segregated third-party-source property excluded. Claims reduce included property; commuted values and no-double-count rule apply (§§ 560:2-204, -208) |
Later of 9 months after death or 6 months after will probate; filing after 9 months loses decedent nonprobate transfers to others unless extension petition and recipient notice were timely. Withdraw before final determination (§ 560:2-211) |
File court petition; mail/deliver to PR; serve all interested persons and affected recipients; hearing notice requires 30-day property-statement warning; pro se petition is verified; elective-share hearing requires flag sheet (HRS § 560:2-211; HPR 5(a), 90(c)) |
Whole/partial waiver before or after marriage by signed writing; unenforceable for involuntariness or combined unconscionability/disclosure defects. General all-rights language reaches allowances and prior will/intestate benefits (§ 560:2-213) |
Claimant probate/nonprobate benefits and marital portion of claimant property credited first; then probate and primary nonprobate classes, then remaining transfers. Original recipients and donees holding property/proceeds contribute and may return property or value (§§ 560:2-209 to -210) |
Will/intestate benefits are credited, not automatically forfeited; $30,000 homestead, up to $20,000 exempt property, and reasonable family allowance are additional (§§ 560:2-202(c), -209(a), -402 to -404) |
| Idaho verified 2026-08-02 | Quasi-community-property system under Idaho Code §§ 15-2-201 to -209; not a general elective share of the decedent's separate estate |
Surviving spouse of Idaho-domiciled decedent; personal during spouse's life. Protected-person election only by court order upon adequate-support finding; limited nondomiciliary Idaho-realty election under domicile law (§§ 15-2-204, -209) |
1/2 of existing quasi-community property belongs to spouse; elective right limited to 1/2 of augmented quasi-community estate. No marriage-length scale (§§ 15-2-201(a), -203(a)) |
Quasi-community property acquired while domiciled elsewhere + recoverable retained-benefit/power, survivorship, and 2-year gift transfers + specified spouse-owned/transferred property derived from decedent (§§ 15-2-201 to -203) |
Excludes adequate-consideration and spouse-consented transfers and federal Social Security; share reduced by allocable administration, homestead, exempt property, and claims. Spouse property presumed decedent-derived unless another source shown (§§ 15-2-202 to -203) |
Later of 9 months after death or 6 months after petition for probate filed; cause extension requested before expiry; withdraw before final determination (§ 15-2-205(a), (c)) |
File court petition and mail/deliver to PR; spouse gives hearing notice to estate interests and adversely affected recipients; court determines share and contribution after hearing (§ 15-2-205) |
Whole/partial waiver before or after marriage by signed written contract/agreement/waiver after fair disclosure; general all-rights language also waives homestead/exempt rights and prior will/intestate benefits unless contrary (§ 15-2-208) |
Unrenounced will/intestate and augmented-estate property passing to spouse credited first; balance apportioned among will beneficiaries/transferees. Original transferees/appointees and donees holding property/proceeds contribute (§ 15-2-207) |
Election preserves will/intestate benefits unless expressly renounced; renounced benefits pass as if spouse predeceased. $50,000 homestead and up-to-$10,000 exempt-property rights are separate but must be applied for (§§ 15-2-206, -402, -403, -405) |
| Illinois verified 2026-08-02 | 755 ILCS 5/2-8; will-renunciation system, not a statutory augmented-estate formula |
Testator's surviving spouse; § 2-8 states that the spouse signs and files and supplies no representative-election route |
1/3 of entire estate if a descendant survives; 1/2 if none; no marriage-length scale or dollar floor (§ 2-8(a)) |
Testator's 'entire estate'; § 2-8 does not enumerate an augmented estate or listed nonprobate transfers |
Share applies after payment of all just claims; § 2-8 supplies no separate statutory valuation date or formula |
Within 7 months after will admitted; more time only after timely petition alleging pending litigation affecting spouse's share; no withdrawal rule (§ 2-8(b)) |
Signed written instrument declaring renunciation, filed in court where will was admitted; § 2-8 requires no service, verification, acknowledgment, or notarization |
§ 2-8 states no waiver form; premarital death-disposition agreement must be written and signed by both, with UPAA voluntariness/unconscionability-disclosure safeguards (750 ILCS 10/3–4, 7) |
If renunciation changes other legacies, court proportionally abates or adds to them on estate settlement; no statutory nonprobate-recipient contribution system (§ 2-8(d)) |
Filing completely bars claims under will; future interests accelerate as if spouse predeceased unless will says otherwise (§ 2-8(b)–(c)) |
| Indiana verified 2026-08-02 | Ind. Code ch. 29-1-3; will-election system limited to property that would pass under descent and distribution, not an augmented estate |
Surviving spouse; adultery-after-leaving or unjustified abandonment forfeits estate/trust rights; POA agent needs general estate authority; court may order guardian election; post-death election only for Medicaid recovery (§§ 29-1-2-14–15, 29-1-3-4) |
Usually 1/2 net personal + real estate; qualifying second/later childless spouse with decedent's prior-family descendants: 1/3 net personal + 25% of date-of-death real value minus liens (§ 29-1-3-1(a)) |
Only property that would pass under descent/distribution; no augmented-estate pullback for TOD, revocable trust, survivorship, beneficiary-designated, or spouse-owned assets in ch. 29-1-3 (§ 29-1-3-1(a)) |
Chapter uses net personal/real estate without a separate deduction list; special second-spouse real component uses fair market value at death minus liens/encumbrances; retained will gifts credited at death value (§ 29-1-3-1(a)–(b)) |
3 months after order admitting will; specified pending litigation extends until 30 days after final determination; election then binding and changeable only on deed-rescission grounds (§§ 29-1-3-2, -5) |
Written, signed, acknowledged election filed with clerk; clerk records/cross-references it and serves PR plus counsel by court e-filing or first-class mail (§ 29-1-3-3) |
Before/after marriage: signed written contract/agreement after full disclosure of right and fair consideration; marriage promise suffices premaritally absent fraud; spouse's waiver normally includes elective share (§§ 29-1-2-13, 29-1-3-6) |
If will gifts are below elective amount, spouse may retain any/all specific gifts at date-of-death fair value and receive balance in cash/property; chapter states no nonprobate-recipient contribution system (§ 29-1-3-1(b)) |
Except retained gifts, spouse renounces decedent-property rights, takes modified share by descent, and is treated as predeceased for renounced devises; $25,000 allowance remains unless will clearly substitutes for it (§§ 29-1-3-1(c)–(d), -7; 29-1-4-1) |
| Iowa verified 2026-08-02 | Iowa Code §§ 633.236–633.259; will/intestacy/revocable-trust election with separate homestead-life-estate option |
Surviving spouse of Iowa domiciliary; right personal and ends at spouse's death; court may authorize/direct conservator, or decide for incapable spouse without conservator after GAL hearing (§§ 633.236, .242, .244) |
1/3 qualifying realty + all exempt family personalty + 1/3 other net personalty + 1/3 qualifying revocable-trust property; no marriage-length scale (§ 633.238) |
Realty possessed anytime during marriage; death-held exempt/net personalty; revocable trust where decedent retained/recently waived amendment/revocation power; no general augmented-estate list (§ 633.238(1)) |
Personal/trust shares exclude amounts needed for debts/charges; realty excludes judicial-sale property and spouse-relinquished rights; trust property may be excluded by transfer-specific statutory waiver; no general valuation date stated (§ 633.238) |
4 months after service of PR/trustee notice; extension application must be filed before expiry; election binding except deed-rescission grounds, and affirmative will/intestacy/trust choice irrevocable when filed (§§ 633.237, .246) |
File written election with clerk administering estate and serve revocable-trust trustee; PR and trustee separately serve right-to-elect notices; court has exclusive election jurisdiction (§§ 633.237, .243) |
Express written realty relinquishment; special bold 10-point, signed/dated/notarized trust-transfer waiver; premarital agreement signed by both with voluntariness, unconscionability, disclosure/knowledge safeguards (§ 633.238; §§ 596.4–.9) |
Set off by interested-party consent or court referees; court may sell indivisible property; confirmed share is judgment lien against asset possessor and supports possession action (§§ 633.247–.252, .254) |
Election replaces will, intestacy, and revocable-trust property; realty share normally includes homestead, or spouse may elect homestead life estate instead; failure to elect can count as medical-assistance asset transfer (§§ 633.238–.240, .246A) |
| Kansas verified 2026-08-02 | Augmented-estate elective share under K.S.A. §§ 59-6a201–59-6a215, plus the Kansas community property trust act; $100,000 supplemental amount and separate $75,000 homestead allowance option |
Resident decedent's surviving spouse. Core share may be exercised by spouse, deceased spouse's PR, or court for disabled spouse; agent/conservator/GAL routes apply only to supplemental share, homestead, or allowance (§§ 59-6a202(d), -212; 59-2234) |
Under 1 year: supplemental only; 1–10 years: 3%–27% by 3-point annual steps; 10–15 years: 30%, 34%, 38%, 42%, 46%; 15+ years: 50%. Repeat-marriage periods added; $100,000 supplemental formula (§ 59-6a202(a)–(b)) |
Net probate estate + decedent transfers to others and spouse + spouse property/transfers; includes joint/survivorship, POD-type accounts, insurance, retained-benefit/power transfers, 2-year gifts over $25,000 per donee, and spouse-owned property (§§ 59-6a203–207) |
Probate reduced by funeral/administration, homestead/allowance, family allowance, demands; full consideration and spouse-written-consent transfers excluded; survivor's 1/2 Kansas community-property-trust share excluded; included property reduced by liens/demands, valued by commuted interests, no double count (§§ 59-6a204, -207(b)–(c), -208; HB 2590 § 7) |
Later of 6 months after death or 6 months after § 59-2233 notice; filing >6 months after death loses transfers-to-others unless extension petition and transferee notice made within 6 months of death and good cause shown; withdraw before final determination (§ 59-6a211(a)–(c)) |
File court petition and mail/deliver to PR; spouse gives court-ordered hearing notice to estate interests and adversely affected recipients; court determines share after hearing. Statutory right notice mailed within 10 days of triggering probate filing (§§ 59-6a211, 59-2233) |
Whole/partial waiver before or after marriage by signed writing; unenforceable for involuntariness or combined unconscionability/disclosure defects. General all-rights language reaches elective benefits; homestead/allowance waivers need clear knowing language (§ 59-6a213) |
Spouse-received/owned property and recovered realty credited first; balance equitably apportioned among probate and nonprobate recipients, then remaining transfer classes. Original recipients and donees holding property/proceeds liable proportionally and may return property (§§ 59-6a209–210) |
Will/intestate benefits and spouse nonprobate property satisfy share first rather than being forfeited; homestead or $75,000 allowance and family allowance are additional, not charged against elective amounts (§§ 59-6a202(c), -209(a), -215) |
| Kentucky verified 2026-08-02 | KRS 392.020 and 392.080; will-renunciation dower/curtesy system, substantially broadened effective July 15, 2026 by 2026 Ky. Acts ch. 134 |
Surviving spouse may renounce even if under full age; absolute divorce bars claims, and voluntary departure plus adultery forfeits unless reconciled (§§ 392.080(1), 392.090) |
On renunciation: 1/3 of fee-simple realty held at death; life estate in 1/3 of fee-simple realty held during marriage but not at death; absolute 1/2 of surplus personalty; no marriage-length scale (§§ 392.020(1), 392.080(1)) |
Surplus personalty includes beneficiary/TOD/POD property, retirement, survivorship property; surplus realty/personalty includes revocable trusts, general appointment powers, transfers under 2 years, and spouse-benefit trusts (§ 392.020(2), (5)–(7)) |
Life-insurance death benefit excluded from surplus but spouse proceeds credited; spouse-received surplus property credited less paid funeral/burial expense; qualifying spouse trust interests valued under 26 U.S.C. § 7520; qualifying ≥2-year transfers excluded (§ 392.020(3)–(7)) |
6 months after will probate; if timely will contest, 6 months after disposition; district court may add ≤6 months if spouse applies within initial 6 months; no express withdrawal rule (§ 392.080(1)(b)) |
Use substantially statutory release, acknowledge before oath officer, and file release plus certificate with both probate-court clerk and county clerk in probate county (§ 392.080(1)(a)–(b)) |
Jointure may bar share; qualifying pre-marriage nonconsensual or infancy jointure may be waived within 12 months after death by acknowledged/proved written relinquishment left with county clerk and copied to probate clerk (§ 392.120) |
Spouse may sue anyone receiving surplus property to satisfy claim; land recovery from heir/devisee/purchaser uses receipt-time value, excludes recipient improvements, and limits past rent (§§ 392.020(8), 392.070) |
Renunciation releases will gifts; spouse may take will gift plus statutory share only when testator plainly states or necessarily implies additive intent (§ 392.080(1)–(2)) |
| Louisiana verified 2026-08-02 | No general elective share in the current Civil Code; community-property ownership under arts. 2336 and 2356, surviving-spouse usufruct under art. 890, and comparative-wealth marital portion under arts. 2432–2437 |
No elective-share claimant. Surviving spouse may claim marital portion when decedent died rich in comparison; separated spouse must prove separation without survivor's fault; right is personal and nonheritable (arts. 2432–2433, 2436) |
No elective percentage. Spouse owns one-half community property; marital portion is 1/4 ownership with no children, 1/4 life usufruct with ≤3 children, or a child's-share life usufruct with >3, capped at $1 million (arts. 2336, 2434) |
No elective estate. Marital portion is a charge on the succession; art. 890 usufruct reaches the decedent's community share not disposed of by testament; no nonprobate-transfer inclusion list (arts. 890, 2432–2433) |
Legacy to spouse and payments due because of death are deducted from marital portion; arts. 2432–2437 state no further deduction list or valuation formula (art. 2435) |
No election deadline. Personal, nonheritable marital-portion claim prescribes 3 years from death; no express extension or withdrawal rule in arts. 2432–2437 (art. 2436) |
No elective-share filing. Marital portion is claimed from succession; during administration survivor may demand periodic allowance from succession representative, with amount fixed by succession court (arts. 2432, 2437) |
No elective-share waiver. Articles 2432–2437 state no special marital-portion waiver form; art. 2433 makes the right an incident of any matrimonial regime |
Marital portion is charged to succession; spouse legacy and death-result payments offset it; periodic allowance comes from succession representative and excess is charged back to spouse (arts. 2433, 2435, 2437) |
No election. Survivor retains own one-half community interest; qualifying art. 890 usufruct over decedent's community share ends at death or remarriage; forced-heir status belongs to qualifying descendants, not spouse (arts. 2336, 890, 1493) |
| Maine verified 2026-08-02 | Augmented-estate elective share under 18-C M.R.S. §§ 2-201 to 2-214; 50% of marriage-scaled marital-property portion; no supplemental floor |
Spouse of ME-domiciled decedent; marriage includes registered domestic partnership and equivalent legal union. Spouse must live at filing; conservator or POA agent may act; nondomiciliary right follows domicile law (§§ 2-201(3), 2-202(3), 2-212) |
50% of marital-property portion; portion is 3%, 6%, then 12%-60% by 6-point annual steps, 68%, 76%, 84%, 92%, and 100% at 15+ years; effective 1.5%-50%; no supplement (§§ 2-202 to 2-203) |
Net probate + decedent transfers to others + decedent transfers to spouse + spouse property/transfers; reaches powers, joint/POD/TOD, insurance, retained-benefit/power transfers, and 2-year gifts above 50% of federal annual exclusion (§§ 2-203 to 2-207) |
Probate reduced by funeral/administration, allowances, exempt property, claims; adequate-consideration and written-consent transfers excluded. Claims, commuted values, discretionary-trust presumptions, and highest-value/no-double-count rule apply (§§ 2-204, 2-208) |
Later of 9 months after death or 6 months after will probate; filing after 9 months loses decedent transfers to others unless timely extension petition/notice. Withdraw before final determination (§ 2-211) |
Spouse/conservator/POA agent files court petition and mails/delivers to PR; give hearing notice to estate interests and adversely affected recipients. Separate payor notice uses registered/certified return-receipt mail or summons service (§§ 2-211, 2-214) |
Whole/partial waiver before or after marriage by signed writing; unenforceable for involuntariness or combined unconscionability/disclosure defects. General all-rights language reaches allowances and prior will/intestate benefits (§ 2-213) |
Spouse probate/nonprobate benefits and marital portion of spouse property credited first; then probate/primary transfer classes, then remaining transfers. Original recipients and donees holding property/proceeds contribute; return property or value (§§ 2-209 to 2-210) |
Will/intestate benefits are credited, not automatically forfeited; $22,500 homestead, up to $15,000 exempt property, and reasonable family allowance are additional, subject to in-lieu will language (§§ 2-202(2), 2-209, 2-402 to 2-404) |
| Maryland verified 2026-08-02 | Md. Code, Estates & Trusts §§ 3-401–3-411; augmented-estate elective-share system |
Right is personal to the surviving spouse and ends at that spouse's death; a specifically authorized guardian, court, or POA agent may act for a minor/incapacitated spouse, subject to notice and a 30-day objection route (§§ 3-405, 2-214(g)(2)) |
One-third if issue survive; one-half if none survive; reduced by all spousal benefits; no marriage-length scale (§ 3-403) |
Probate estate plus all decedent revocable trusts, property subject to qualifying disposition powers, qualifying joint interests, and qualifying lifetime transfers (§§ 3-401, 3-404(a)) |
Subtract funeral/administration expenses, family allowances, claims/debts, and listed trust, spouse-consented, older/premarital-transfer, life-estate, and insurance exclusions; transfer valuation varies by transfer type (§ 3-404(b)–(c)) |
Later of 9 months after death or 6 months after first PR appointment; timely good-cause extensions up to 3 months at a time; withdrawal before the election period expires (§ 3-407) |
Signed writing filed where the PR was appointed, or in the proper-venue court if none; filing is deemed adequate notice, and notified fiduciary/tax filer alerts possible payors (§§ 3-408–3-409) |
May waive before or after marriage by a written contract, agreement, or waiver signed by the waiving party; broad all-rights language generally reaches elective share and listed related benefits (§ 3-406) |
Pay first from non-spousal-benefit probate assets, then proportionally from qualifying revocable trusts, then pro rata from other recipients; cash, proportional property, or spouse-accepted property (§ 3-410) |
Will property other than spousal benefits is treated as though the spouse died before will execution; spouse and derivative claimants cannot take other will property (§ 3-411) |
| Massachusetts verified 2026-08-02 | G.L. c. 191, §§ 15–16; will-waiver statutory share, not an augmented-estate system |
Surviving spouse personally signs; barred after a c. 209, § 36 judgment of desertion or justified separate living; § 15 gives no agent/guardian election route |
Issue: 1/3 real and personal; kindred/no issue: $25,000 + 1/2 remainder; neither: $25,000 + 1/2 remainder absolute; $25,000 outright/life-income limit applies to first 2 categories (§ 15) |
Real and personal property of the decedent under the will-waiver statute; § 15 contains no augmented-estate or listed nonprobate-transfer additions |
No special deduction list or valuation date in § 15; statute uses a $25,000 value threshold and separates personal from real property |
6 months after probate of will; timely petition may extend only when proceedings contest the will's validity/effect, to 6 months after they end; no withdrawal rule stated (§ 15) |
File spouse-signed writing in registry of probate waiving will provisions or claiming statutory portion; §§ 15–16 state no verification, notary, or service requirement |
Election itself waives will provisions by spouse-signed writing; § 15 gives no separate predeath waiver form; c. 209, § 25 permits written antenuptial property contracts |
$25,000 paid first from spouse-interest personal property; deficiency may be raised by sale/mortgage of spouse-interest real property; court may appoint trustee for life-income personalty (§§ 15–16) |
Signed filing may waive will provisions or claim statutory portion; in issue/kindred cases excess over $25,000 is life income, with personalty in trust and realty vested for life (§ 15) |
| Michigan verified 2026-08-02 | EPIC pt. 2; probate-estate election against a will, not an augmented estate (§ 700.2202) |
Surviving spouse of MI domiciliary; right must be exercised during spouse's life; incapacitated spouse needs court order and adequate-support finding; statutory spouse and forfeiture exclusions apply (§§ 700.2202(3), (5)-(6), 700.2801, 700.2803) |
Half the § 700.2102 intestate share; 2026 floors are $301,000 or $201,000 before halving, depending on parents/descendants; no marriage-length scale (§§ 700.2102, 700.2202(2)(b)) |
Hypothetical intestate probate share; subtract half of spouse-derived 2-year taxable gifts, retained-power taxable transfers, and death transfers by joint/entireties ownership, insurance beneficiary, or similar means (§ 700.2202(2)(b), (7)) |
No augmented-estate deductions; spouse-derived property is a 50% credit; probate inventory uses death-date fair market value, while pt. 2 states no separate valuation rule for the credit (§§ 700.2202, 700.3706) |
63 days after later of claims-presentment date or inventory service; late relief before closing for litigation, later claims, or other cause, and for newly discovered assets after closing; no express withdrawal route (§§ 700.2202(3), 700.2203) |
Written election filed with court; PR must notify spouse of right and deadline within 28 days after appointment; proof filed, but filing the election may replace notice/proof (§§ 700.2202(2), (4), 700.3705(5)) |
Whole/partial pre- or postmarriage written contract, agreement, or waiver, signed after fair disclosure; broad all-rights waiver has stated default consequences (§ 700.2205) |
Paid as a probate-estate intestate-share election; spouse-received nonprobate property reduces the amount, but pt. 2 creates no contribution liability against other nonprobate recipients (§ 700.2202) |
Electing against will generally replaces will benefits; untimely spouse presumed to abide by will; homestead allowance, exempt property, and family allowance are additional unless otherwise provided (§§ 700.2202(3), 700.2203, 700.2402-.2404) |
| Minnesota verified 2026-08-02 | Minn. Stat. §§ 524.2-201–524.2-215; marriage-scaled augmented-estate elective share with $75,000 supplemental formula |
Surviving spouse of Minnesota domiciliary; right ordinarily lifetime-only, and protected person's election needs court order with support/bounty findings; medical-assistance spouse and that spouse's PR have special rights (§§ 524.2-202, -212, -215) |
Supplemental-only under 1 year; 3%–30% for years 1–10, 34%–46% for years 11–14, and 50% at 15+ years; $75,000 supplemental formula (§ 524.2-202) |
Four-part augmented estate: decedent net probate, decedent nonprobate to others, decedent nonprobate to spouse, and spouse property/transfers; reaches survivorship, insurance, annuity, retirement, retained-right, power, and 2-year transfers (§§ 524.2-203–.207) |
Probate base subtracts funeral/admin expenses, homestead, allowances/exemptions, liens, mortgages, and claims; nonprobate adequate-consideration/spouse-consent exclusions, claim reductions, commuted values, 50% default life-estate/trust valuation, and no double inclusion (§§ 524.2-204, -208) |
Later of 9 months after death or 6 months after will probate; timely 9-month extension preserves nonprobate reach; withdraw before final determination. Medical-assistance spouse may act before decree/closing (§§ 524.2-211, -215) |
File court petition, mail/deliver to PR, notify estate interests and adversely affected augmented-estate recipients of hearing; court fixes amount and contribution after hearing (§ 524.2-211) |
After marriage: signed writing after fair disclosure; broad all-rights language normally waives only elective share. Premarital waiver must satisfy § 519.11 formalities/fairness; medical-assistance exception overrides ordinary waivers except valid antenuptial agreements (§§ 524.2-213, -215) |
Credit probate/nonprobate and disclaimed property passing to spouse plus scaled spouse property first; then proportionally charge main probate/nonprobate categories, then remaining 2-year transfers; original recipients/holding donees contribute (§§ 524.2-209–.210) |
No will-renunciation rule; testate/intestate and disclaimed spouse property are credits. Homestead and §§ 524.2-402–.404 allowances are additional (§§ 524.2-202(c), -209) |
| Mississippi verified 2026-08-02 | Will-renunciation/intestate-share system under Miss. Code §§ 91-5-23 to -29; no augmented estate |
Surviving husband or wife may renounce an unsatisfactory provision; if will gives spouse nothing, share arises without renunciation. Sections 91-5-23–29 state no representative-election route (§§ 91-5-25, -27) |
With descendants: child's intestate part (equal share with children/represented branches). No descendants: renouncing spouse capped at 1/2, although intestacy alone would give all. No marriage-length scale (§§ 91-1-7; 91-5-25) |
Share applies to decedent's real and personal estate; statutes provide no augmented-estate or named joint/POD/TOD/trust/insurance inclusion list (§§ 91-1-7; 91-5-25) |
Debts paid first; spouse's separate property at death is valued against lawful portion—equal value bars, lesser value reduces to deficiency, and <1/5 permits full portion; court may appoint 3 commissioners (§§ 91-1-7; 91-5-29) |
Renunciation may be filed within 90 days after probate of will; §§ 91-5-23–29 state no extension or withdrawal rule. No filing needed if will gives spouse nothing (§§ 91-5-25, -27) |
File statutory-form renunciation in office where will was probated; §§ 91-5-23–29 state no signature, acknowledgment, verification, service, notice, or hearing requirement (§ 91-5-25) |
Sections 91-5-23–29 state no special predeath waiver-agreement form; a will provision is presumed in bar of other estate share unless will says otherwise, but spouse may timely renounce (§§ 91-5-23, -25) |
Court may value both estates and order enough of decedent's real/personal estate to make up separate-estate deficiency; no statutory recipient-contribution hierarchy or personal transferee-liability rule (§ 91-5-29) |
Renunciation takes legal share in lieu of will provision; no-provision spouse receives same share automatically. Sections 91-5-23–29 state no rule making homestead or allowances additional or credited (§§ 91-5-25, -27) |
| Missouri verified 2026-08-02 | Mo. Rev. Stat. §§ 474.160–.220; will-election system with probate estate plus spouse-derived-property add-and-credit calculation under § 474.163 |
Surviving spouse; specified adultery/abandonment conduct bars inheritance and allowances; right personal and not exercisable after death; disabled/minor spouse's GAL or conservator may elect with court approval (§§ 474.140, .200) |
No lineal descendants: 1/2; lineal descendants: 1/3 of statutory estate subject to claims; no marriage-length scale (§ 474.160.1(1)) |
Decedent-owned money/property minus listed deductions, plus spouse-derived trusts, insurance, annuities, pensions, out-of-state community property, and survivorship/life interests; fraud gifts recoverable from donees (§§ 474.150, .163) |
Deduct funeral/admin expenses, exempt property, family allowance, enforceable claims; spouse-derived property credited against share; death/irrevocable-transfer valuation, spouse-source presumption, no predeath income; homestead separately offsets (§§ 474.160.2, .163) |
10 days after later will-contest period (later of 6 months after probate/rejection or first publication of letters); specified pending litigation extends to 90 days after final decision; rescind if election proves less advantageous than will (§§ 473.083.1, 474.180, .163.6) |
Written, signed, acknowledged election filed with court clerk; clerk mails election-right notice within 1 month, but failure to send/receive does not change deadline (§§ 474.170, .190) |
Before/after marriage by signed written contract/agreement/waiver after full disclosure of right and for fair consideration; may file like election (§ 474.220) |
Spouse-derived property offsets payable share with no refund duty; fraudulent marital-rights gifts may be recovered from donee/undercompensated takers and applied to share (§§ 474.150, .163.1, .7) |
Spouse takes modified share by descent and nothing under will; future benefits treated as if spouse predeceased unless will says otherwise; exempt property/family allowance additional, homestead offset (§ 474.160) |
| Montana verified 2026-08-02 | Augmented-estate elective share under MCA §§ 72-2-231 to -244; 50% of marriage-scaled marital-property portion plus $75,000 supplemental formula |
Spouse of MT-domiciled decedent, living when petition filed; conservator, guardian, or POA agent may act. Incapacitated-spouse election creates court-appointed support trust; nondomiciliary right follows domicile law (§§ 72-2-232(4), -242) |
50% of marital-property portion; portion is 3%, 6%, then 12%-60% by 6-point annual steps, 68%, 76%, 84%, 92%, and 100% at 15+ years; $75,000 shortfall formula (§§ 72-2-232 to -233) |
Net probate + decedent transfers to others + decedent transfers to spouse + spouse property/transfers; reaches powers, joint/POD/TOD, retained-benefit/power transfers, and 2-year gifts over federal annual exclusion; third-party life/accident insurance excluded (§§ 72-2-233 to -238) |
Probate reduced by funeral/administration, allowances, exempt property, claims; adequate-consideration, written-consent, and third-party insurance excluded. Claims, commuted values under federal tax rules, and highest-value/no-double-count rule apply (§§ 72-2-234, -238) |
Later of 9 months after death or 6 months after will probate; filing after 9 months loses decedent transfers to others unless timely extension petition/notice. Withdraw before final determination (§ 72-2-241) |
File court petition; mail/deliver to PR; give hearing notice to estate interests and adversely affected recipients. Separate detailed payor notice has strict certified-mail/summons methods and a 2-business-day liability delay (§§ 72-2-241, -244) |
Signed written premarital/marital agreement; requires voluntariness/no duress, access to independent counsel, plain-language rights explanation if unrepresented, and adequate disclosure. General all-rights language reaches allowances and earlier will/intestate benefits (§ 72-2-243) |
Spouse will/intestate/nonprobate benefits, disclaimed amounts, and marital portion of spouse property credited first; then probate/primary transfer classes, then remaining transfers. Original recipients/donees holding property or proceeds contribute; return property or value (§§ 72-2-239 to -240) |
Will/intestate and spouse nonprobate benefits are credited, not automatically forfeited; homestead allowance, exempt property, and family allowance remain additional (§§ 72-2-232(3), -239(1)) |
| Nebraska verified 2026-08-02 | Augmented-estate elective share under Neb. Rev. Stat. §§ 30-2313 to 30-2319; older UPC model with spouse-derived property and decedent lifetime transfers included |
Surviving spouse of Nebraska-domiciled decedent; nonresident decedent governed by domicile law. Personal during spouse's life; protected-person election only by court order after statutory best-interest findings (§§ 30-2313, -2315) |
Any designated fraction up to 1/2 of augmented estate; no designation defaults to 1/2. No marriage-length scale (§§ 30-2313(a), -2317(a)) |
Net probate estate + retained-benefit/revocable transfers, survivorship property, 3-year gifts over $3,000 per donee/year, and specified spouse-owned/derived property including trusts, insurance, annuities, pensions, and community rights (§ 30-2314(a)) |
Probate reduced by funeral/administration, allowances/exemptions, claims; excludes adequate-consideration, spouse-consented, and specified third-party insurance/annuity/pension property. Transfer/date-of-death valuation rules apply (§ 30-2314) |
Later of 9 months after death or 6 months after will probate; cause extension requested before expiry; withdraw before final determination. Separate 9-month and 1-year nonprobate cutoffs (§§ 30-2314(c)(3), -2317(a), (c)) |
File court petition stating fraction and mail/deliver to PR; spouse gives hearing notice to estate interests and adversely affected recipients; court determines amount and contribution after hearing (§ 30-2317) |
Whole/partial waiver before or after marriage by signed writing; unenforceable for involuntariness or combined unconscionability/disclosure defects. General all-rights language also waives allowances and prior will/intestate benefits unless contrary (§ 30-2316) |
Unrenounced spouse-received augmented-estate property credited first; balance equitably apportioned among recipients. Original transferees/appointees and donees holding property/proceeds contribute and may return property or pay value (§ 30-2319) |
Election preserves will/intestate benefits unless expressly renounced; renounced benefit passes as if spouse predeceased. $20,000 homestead, up-to-$12,500 exempt property, and reasonable family allowance are additional; first two rise in 2027 (§§ 30-2318, -2322 to -2324) |
| Nevada verified 2026-08-02 | No general elective share or will-renunciation system in current Title 12; community-property ownership under NRS 123.225, 123.230, and 123.250 |
N/A—no elective-share claimant; surviving spouse instead owns the one-half community interest made sole separate property at death (NRS 123.250(1)(a)) |
No elected percentage or marriage-length scale; spouses have present equal community interests, and survivor's one-half becomes sole separate property (NRS 123.225; 123.250(1)(a)) |
No elective or augmented estate; decedent's remaining community half is testamentary and administered, while community property with right of survivorship follows that right (NRS 123.250(1)–(3)) |
N/A—no elective-share deductions, exclusions, or valuation formula |
N/A—no elective-share election deadline, extension, or withdrawal rule |
N/A—no elective-share instrument, filing, service, notice, or hearing procedure |
No elective-share right to waive; enforceable premarital agreements or written, acknowledged marriage contracts may instead govern property rights (NRS 123.010, 123.270) |
N/A—no elective-share payment or recipient-contribution system; survivor's community half becomes the survivor's property at death (NRS 123.250(1)(a)) |
No election affects will benefits; survivor keeps own community half, while decedent's half passes by will or, absent a testamentary disposition, to survivor (NRS 123.250(1)) |
| New Hampshire verified 2026-08-02 | Will-and-homestead waiver for a statutory share of remaining personalty and real estate under RSA 560:10 and :14; no augmented-estate system |
Surviving spouse of testate decedent; husband can be barred by 3-year abandonment/support rule, and either spouse by divorce-cause separation rule. Chapter 560 names no agent/guardian election route (§§ 560:10, :18-:19) |
Descendants: 1/3 personalty + 1/3 realty. No descendants but parent/sibling: $10,000 + 1/2 remainder in each category. No listed kin: $10,000 + $2,000/full marriage year + 1/2 remainder, separately in each (§ 560:10) |
Remaining personal and real estate after debts/administration; Chapter 560 has no transfer-recapture or augmented base. Transfer-on-death deed property expressly excluded from elective-share probate estate (§§ 560:10; 563-D:13(V)) |
Debts and administration expenses deducted first; personalty and realty calculated separately. Paragraphs II-III use inventory value for the $10,000 realty threshold; no general valuation date or spouse-property offset stated (§ 560:10) |
6 months after executor/administrator appointment; probate judge may permit later filing for good cause. Chapter 560 states no withdrawal cutoff (§ 560:14) |
Written waiver/release filed in probate office; record in county deed registry wherever real estate is involved. Judiciary publishes an e-file-only waiver-notification form; statute states no separate service step (§ 560:14) |
Election itself waives homestead and will in writing. Predeath route: written antenuptial contract embodying a premarital settlement stipulated in lieu of homestead/distributive rights; §§ 560:15-:16 make it enforceable (§ 460:2-a) |
Spouse's share comes from remaining estate personalty and realty; residue passes under will. Chapter 560 states no contribution claim or personal liability against nonprobate recipients (§ 560:10) |
Spouse waives homestead and takes nothing under will; widow support allowance, if granted, is credited toward the elected distributive share (§§ 560:1, :10, :14) |
| New Jersey verified 2026-08-02 | N.J.S.A. 3B:8-1 to -19; one-third augmented-estate election |
Spouse of NJ domiciliary, subject to undismissed divorce-family complaint and § 3B:5-3(d) agreement/separation exclusions; lifetime exercise only; guardian needs appointing-court order and support finding (§§ 3B:8-1, -11) |
One-third of augmented estate; no marriage-length scale (§ 3B:8-1) |
Net estate plus retained-enjoyment/income, revocable or self-invasion powers, survivorship property, 2-year gifts over $3,000 per donee/year, and spouse-derived property/transfers (§§ 3B:8-3, -6 to -9) |
Deduct funeral/administration expenses and enforceable claims; exclude spouse-consented transfers and third-party insurance/annuity/pension; spouse property valued at death or earlier irrevocability, life estate at 50% (§§ 3B:8-3, -5, -8, -17) |
Complaint within 6 months after PR appointment; pre-expiration good-cause extension with notice; withdrawal any time before final judgment (§§ 3B:8-12, -14) |
Complaint in Superior Court; spouse gives hearing time/place notice to interested persons and adversely affected distributees/recipients (§§ 3B:8-12, -13) |
Whole/partial pre- or postmarriage written contract, agreement, or waiver, signed after fair disclosure; broad all-rights language has default renunciation effects (§ 3B:8-10) |
Apply all spouse-owned property and death receipts first, then spouse transfers under § 3B:8-6(b), then pro rata recipients; original transferees/appointees and donees holding property/proceeds contribute, by return or value (§§ 3B:8-18, -19) |
Will/intestacy/nonprobate receipts are credited rather than automatically forfeited; ch. 8 states no separate homestead, exempt-property, or family-allowance add-on (§ 3B:8-18) |
| New Mexico verified 2026-08-02 | No elective share: UPC Part 2 is reserved. Community-property ownership under NMSA 1978, § 45-2-807 protects the survivor's half; separate statutory allowances also apply |
No elective-share claimant. At death, the surviving spouse owns one-half of community property automatically (§ 45-2-807(A)) |
No percentage of the decedent's estate and no marriage-length schedule; survivor owns one-half community property. $30,000 family allowance plus personal property up to $15,000 (§§ 45-2-402 to -403) |
No augmented/elective estate. Community property generally means property acquired during marriage that is not separate; survivor's half is outside the decedent's testamentary share (§§ 40-3-8(B), 45-2-807(A)) |
No elective-share calculation. Entire community is subject to community debts; decedent's half may answer separate debts, funeral, and administration costs after separate property proves insufficient (§ 45-2-807(B)) |
N/A—no election, statutory election deadline, extension, or withdrawal |
N/A—community ownership arises at death; no elective-share petition, service, or hearing procedure |
N/A—no elective share to waive. Spouses may designate property as separate by written agreement (§ 40-3-8(A)(5)) |
N/A—no elective-share contribution claim. Survivor's community half remains in administration through the claims period and afterward only as needed for community claims (§ 45-3-101(C)) |
No election or forfeiture of will benefits. $30,000 family and up-to-$15,000 personal-property allowances are additional to will/intestate benefits unless the will or governing instrument provides otherwise (§§ 45-2-402 to -403) |
| New York verified 2026-08-02 | EPTL § 5-1.1-A; broad net-estate system that includes listed inter vivos 'testamentary substitutes' as well as estate property |
Personal right of surviving spouse; EPTL § 5-1.2 disqualifies specified divorced, invalidly married, separated-against, abandoning, or nonsupporting spouses; special court timing for infant/incompetent spouse (§ 5-1.1-A(d)(3)) |
Greater of $50,000 (or the entire net estate if worth less) or one-third of the net estate; no marriage-length scale (§ 5-1.1-A(a)(2)) |
Estate plus listed substitutes: deathbed gifts, certain 1-year transfers, Totten/POD accounts, joint and survivorship property, retained-benefit/revocable transfers, retirement benefits, general powers, and TOD securities (§ 5-1.1-A(b)(1)) |
Date-of-death capital value; deduct debts, administration, and reasonable funeral expenses but disregard estate taxes; gift-tax exclusions, postmarriage limits for certain irrevocable transfers, and contribution-based joint-asset rules apply (§ 5-1.1-A(a)(2), (b)(1)–(2)) |
Within 6 months after letters issue and never later than 2 years after death; pre-expiration extensions up to 6 months per application, limited default relief with good-cause power beyond 2 years; no withdrawal rule stated (§ 5-1.1-A(d)) |
Serve written notice on a personal representative or, before probate, the nominated executor; file and record the original with proof of service in the issuing Surrogate's Court; mail or surrogate-directed service (§ 5-1.1-A(d)(1)) |
During the other spouse's life, waiver may be before/after marriage, unilateral/bilateral, with/without consideration, absolute/conditional; writing must be subscribed and acknowledged/proved like a recordable deed (§ 5-1.1-A(e)) |
Credit absolute interests passing to spouse; remaining share is funded by ratable contribution from beneficiaries, distributees, and substitute recipients other than spouse, in cash/property/both (§ 5-1.1-A(a)(4), (c)(2)) |
Unless decedent provided otherwise, spouse is treated as predeceasing for non-absolute interests; will/instruments remain effective as to residue and otherwise so far as possible (§ 5-1.1-A(a)(4)(A), (c)(1)) |
| North Carolina verified 2026-08-02 | N.C.G.S. ch. 30, art. 1A; marriage-length elective share of broad Total Net Assets, reduced by Net Property Passing to Surviving Spouse |
Surviving spouse of NC domiciliary; spouse, expressly authorized POA agent, or court-approved estate/general guardian may file during spouse's life; PR succeeds after timely claimant dies (§§ 30-3.1(a), -3.4(a)) |
Marriage <5 years: 15%; 5–<10: 25%; 10–<15: 33%; 15+: 50% of Total Net Assets, less Net Property Passing to Spouse (§ 30-3.1(a)) |
Probate property plus general powers, revocable/withdrawable trusts, POD/TOD, joint/entireties property, death benefits, retained-interest/power transfers, and 1-year marriage-period gifts (§ 30-3.2(3f)) |
Deduct other year's allowances and claims; listed claim and transfer exclusions; generally fair market value at death, transfer-date rule for specified gifts, no joint-interest discount (§§ 30-3.2(1), (4), -3.3A) |
Verified petition within 6 months after letters; incapacity does not toll; service may follow deadline; no statutory extension or withdrawal route (§ 30-3.4(b), (e1)(1)) |
Verified petition with clerk where primary administration lies; current Rule 4 service on PR and known responsible persons without summons; hearing, 30-day response, 2-month asset information (§ 30-3.4) |
Whole/partial pre- or postmarriage signed writing, with/without consideration; authorized POA agent or court-approved guardian may sign; voluntary execution and fair disclosure or written disclosure waiver (§ 30-3.6) |
Pro rata responsible-person liability by net nonspousal assets; PR applies intestacy, residue, then other will assets; cash/property payment, transferee/distributee liability, standstill and bond (§ 30-3.5) |
Not automatic will renunciation: spouse-received will/intestacy/nonprobate property and year's allowance are credited against share; clerk orders any remaining elective amount (§§ 30-3.1(a), -3.2(3c), -3.4(f)) |
| North Dakota verified 2026-08-02 | N.D.C.C. ch. 30.1-05; flat 50% four-component augmented-estate share plus potential $75,000 supplemental amount |
Living spouse at filing; spouse, conservator, guardian, or authorized POA agent may elect. Incapacitated-spouse election creates a statutory support trust (§ 30.1-05-06) |
50% of augmented estate regardless of marriage length; potential supplemental amount equal to $75,000 minus specified spouse property/credits (§ 30.1-05-01) |
Probate estate + decedent nonprobate transfers to others + transfers to spouse + spouse property/transfers; reaches joint, POD/TOD, retained-benefit/power, and recent transfers, but excludes insurance/benefit plans payable to others (§ 30.1-05-02) |
Probate reduced by funeral/admin expenses, allowances, exempt property, and claims; consideration/written-spouse-consent exclusions, commuted value, claims, and no-double-counting apply (§ 30.1-05-02) |
Later of 9 months after death or 6 months after will probate; extension petition/notice due within 9 months. Filing after 9 months without extension loses nonprobate-to-others reach; withdraw before final determination (§ 30.1-05-05) |
File court petition and mail/deliver to personal representative; serve petition copy and written hearing notice on interested and potentially adversely affected augmented-estate recipients (§ 30.1-05-05) |
Former elective-share waiver § 30.1-05-07 repealed. Post-July 2013 premarital/marital waiver uses both-signed record plus UPMMA counsel-access, rights-notice/explanation, and disclosure safeguards (§§ 14-03.2-01, -05, -08) |
All spouse-received and spouse-owned included property first, then probate and most nonprobate transfers, then remaining recent transfers; original recipients/donees contribute proportionally or surrender property (§§ 30.1-05-03 to -04) |
Will/intestacy and nonprobate spouse benefits are initial satisfaction credits, not automatically forfeited; homestead, exempt property, and family allowance are additional (§§ 30.1-05-01, -03) |
| Ohio verified 2026-08-02 | R.C. 2106.01, 2106.06; will-election system taking the § 2105.06 intestate share, subject to net-estate caps |
Surviving spouse ordinarily elects personally; court may commission a suitable person, or elect for legally disabled spouse only on adequate-support finding (§§ 2106.06–.08) |
§ 2105.06 intestate share capped at 1/2 net estate; cap is 1/3 if 2+ children or their descendants survive; no marriage-length scale (§ 2106.01(C)) |
Decedent's net estate governed by will/intestate administration; cited election sections enumerate no augmented estate or nonprobate-transfer categories |
Net estate determined before federal estate tax, Ohio Chapter 5731 tax, or other tax apportioned under §§ 2113.86/.861; no separate valuation date stated (§ 2106.01(C)) |
5 months after initial fiduciary appointment; timely motion plus good cause; timely will advice/contest allows 3 months after final disposition if will stands; no withdrawal rule (§ 2106.01(E)) |
Court issues citation; spouse may waive it in writing; against-will election is in person and journalized; official Form 8.2 has spouse and judge/magistrate signatures (§§ 2106.01(A), .06) |
No standalone election-waiver form stated; antenuptial/postnuptial/separation agreement valid unless attacked within 4 months after fiduciary appointment; postnup writing, signatures, free execution, disclosure/knowledge, no divorce promotion (§§ 2106.22, 3103.061) |
Paid as the § 2105.06 share from net estate, subject to § 2106.01(C) cap; cited election statutes create no nonprobate-recipient contribution ladder |
Election refuses will benefits; unless will blocks acceleration, balance passes as if spouse predeceased; qualifying spouse may also make mansion-house election (§§ 2106.01(B), (D), .06) |
| Oklahoma verified 2026-08-02 | 84 O.S. § 44(B); will-election system protecting joint-industry property, not an augmented estate |
Decedent's spouse; right is personal and must be exercised during spouse's lifetime; adjudicated-incompetent spouse's guardian/conservator may elect with supervising-court approval (§ 44(B)(2), (4)) |
Undivided 1/2 of property acquired by spouses' joint industry during coverture; no marriage-length scale (§ 44(B)(1)–(2)) |
Only property acquired by joint industry during coverture; § 44 supplies no augmented-estate or listed nonprobate-transfer categories |
§ 44 states the 1/2 interest 'in value' but supplies no separate debt, expense, exclusion, or valuation formula beyond joint-industry classification |
On or before final date for hearing petition for final distribution; no extension/withdrawal rule stated; defective election may be replaced by compliant one within allotted time (§ 44(B)(3)) |
Affirmative written election, separate from every other pleading/document, filed in district court administering estate; clerk immediately mails PR and all attorneys of record; substantial compliance required (§ 44(B)(3)) |
Will is subservient to a written antenuptial marriage contract; § 44 states no separate postmarital-waiver procedure (§ 44(B)(1)) |
Election establishes an undivided 1/2 interest in joint-industry estate property; § 44 creates no augmented-estate contribution order or nonprobate-recipient liability |
Election takes the protected 1/2 interest in lieu of all will devises, legacies, and bequests for spouse; § 44 states no credit rule for separate support or homestead benefits (§ 44(B)(2)) |
| Oregon verified 2026-08-02 | ORS 114.600–114.725; augmented-estate elective share for decedents dying on or after January 1, 2011 |
Surviving spouse of an Oregon domiciliary; spouse, conservator, guardian, or POA agent may claim; court may deny/reduce if spouses lived apart at death (§§ 114.600, .625, .725) |
5% if married <2 years; rises 2 points per yearly tier to 31% at 14–<15 years; 33% at 15+ years (§ 114.605) |
Decedent's net probate estate; specified survivorship, POD/TOD, beneficiary-designation and revocable property; spouse's own property plus probate/nonprobate transfers from decedent (§§ 114.630, .650, .660–.690) |
Deduct claims, liens, probate expenses, unpaid nonprobate debts/costs; exclude future earnings, predeath irrevocable transfers, spouse-consented postdeath transfers, community/fiduciary property, Social Security, and decedent life-insurance value; federal transfer-tax value, no double count (§§ 114.630, .635, .650, .660, .665, .690) |
File within 9 months after death; no statutory extension stated; withdraw probate motion before order granting it or separate petition before judgment (§§ 114.610, .720) |
Use PR-petition + motion, motion in existing probate, or separate circuit-court petition; serve the route-specific PR, ORS 113.145 recipients, and known locatable distributees/augmented-estate recipients (§§ 114.610, .720) |
Whole or partial waiver before/after marriage by written contract, agreement, or waiver signed by spouse; 'all rights' language or complete separation/divorce property settlement ordinarily waives (§ 114.620) |
Apply spouse's estate first; then decedent's probate and nonprobate estates proportionately, with pro-rata recipient liability; covered nonprobate recipient may return property or pay its value (§§ 114.700, .705) |
Not a will-renunciation system: spouse's will/intestacy and nonprobate receipts are credited through the spouse's estate; court-ordered support under § 114.015 is additional (§§ 114.600, .675, .685, .690) |
| Pennsylvania verified 2026-08-02 | 20 Pa.C.S. ch. 22, §§ 2201–2211; one-third elective share of enumerated probate and nonprobate property, not a generic augmented-estate formula |
Surviving spouse of Pennsylvania domiciliary; nonresident rights follow domicile law; spouse/authorized agent may elect, while minor/incapacitated spouse needs guardian/qualified agent plus court advisability order (§§ 2202, 2203, 2206, 2208) |
Flat one-third of property subject to election; no marriage-length scale and no fixed-dollar floor (§ 2203(a)) |
Will/intestacy property; specified retained income/use, revocable/invadable transfers, unilaterally conveyable survivorship property, annuity survivorship rights, and marriage-period 1-year gifts above $3,000 per donee (§ 2203(a)) |
Exclude spouse-consented transfers, life insurance, broad-based nondiscriminatory employee plans, third-party powers, and adequate-consideration transfers; final-year gifts valued at conveyance; retained outright spouse benefits charged at death value (§§ 2203(b), 2204(c), 2205) |
Later of 6 months after death or 6 months after probate; extension application must be filed within that period; missed filing is deemed waiver; no express withdrawal rule (§ 2210(b)) |
Signed writing filed with clerk of Orphans' Court Division in domicile county; notice to personal representative; court determines effect after notice and hearing; filing/recording costs reimbursed by estate (§§ 2210–2211) |
May waive wholly/partly before/after marriage or death (§ 2207); chapter 22 states no waiver form; a premarital-agreement challenge uses § 3106's voluntariness and disclosure/knowledge test |
Apply intestacy property first, then charge each covered conveyance; court may impose personal liability on possessory fiduciaries/obligors and original or successive donees holding property/proceeds (§ 2211(b)–(c)) |
Election generally disclaims listed spouse benefits unless retained and charged; survival-contingent interests pass as if spouse predeceased; court conditions award on required releases/conveyances and proof (§§ 2204, 2211(b)) |
| Rhode Island verified 2026-08-02 | Chapter 33-28; elective share combines real-estate life estate/allowance with intestate share of probate personalty, not an augmented estate (§ 33-28-1) |
Living surviving spouse of a Rhode Island-domiciled decedent; spouse, conservator, guardian, or authorized POA agent may elect. Decedent domiciled elsewhere: domicile law governs (§§ 33-28-1(c), -2) |
Realty: life estate + discretionary fee allowance up to $150,000. Personalty: 1/2 with issue; $50,000 + 1/2 remainder without issue. No marriage-length scale (§§ 33-1-5, -6, -10; 33-28-1) |
Individually titled real estate at death plus personal estate subject to probate; Chapter 33-28 states no augmented-estate or nonprobate-transfer recapture (§ 33-28-1(a)) |
Personalty is surplus after debts, funeral charges, and administration expenses; fee allowance is net of encumbrances and unavailable if needed for debts. Share may be in kind or value; no general valuation date (§§ 33-1-6, -10; 33-28-1) |
When spouse receives a will gift: 6 months after first publication of fiduciary qualification; timely extension may not exceed 9 months after death. Withdrawal before final probate determination (§ 33-28-4) |
File probate-court written waiver/renunciation of will gifts and petition; record it in each other city/town where decedent realty lies; give hearing notice to interested and adversely affected persons (§ 33-28-4(a)) |
Before or after marriage: spouse-signed writing, no consideration; subject to voluntariness and unconscionability-plus-disclosure safeguards. No witness or notary term (§ 33-28-3) |
Realty interests and probate personalty, in kind or value; probate order may be enforced by contribution/payment suit. Chapter 33-28 states no nonprobate-recipient priority ladder (§§ 33-28-1(a), -4(d)) |
Will devise/bequest bars the share unless renounced; Chapter 33-10 allowances remain additional and are not charged against the share (§§ 33-28-1(b), -4(a)) |
| South Carolina verified 2026-08-02 | S.C. Code tit. 62, art. 2, pt. 2, §§ 62-2-201–207; one-third probate-estate elective share with a narrow illusory-revocable-trust exception |
Surviving spouse of South Carolina domiciliary; divorce/property-right orders and slayer rule can disqualify; spouse or duly appointed attorney-in-fact may act, while a protected person needs a protective-court order (§§ 62-2-201, -203, -802, -803) |
Flat one-third of the net probate estate; no marriage-length scale or fixed-dollar floor (§ 62-2-201) |
Will and intestacy property only; court-found illusory revocable-trust assets enter solely for elective-share calculation; spouse-received insurance, retirement, and trust benefits are credits, not ordinary base assets (§§ 62-2-202, -207; 62-7-401(c)) |
Subtract funeral and administration expenses and enforceable claims; qualifying spouse property is generally valued at death, while estate assets selected for payment use distribution-date fair market value (§§ 62-2-202, -207(c)) |
Latest of 8 months after death, 6 months after informal/formal will probate, or 30 days after service of a petition attacking probate; Part 2 states no extension route; withdraw or reduce before final determination (§ 62-2-205(a), (c)) |
File in court and serve the personal representative a summons and petition; give hearing notice to the representative and adversely affected distributees/recipients; court determines and orders payment after hearing (§ 62-2-205) |
Whole or partial pre- or postmarital waiver by voluntarily signed written contract/agreement/waiver after fair, reasonable written financial disclosure; broad property-rights waiver generally also waives elective share (§ 62-2-204) |
Credit specified property passing to the spouse first; satisfy the balance from probate assets with devises abating; court-found illusory-trust assets are available only as needed (§§ 62-2-205(d), -207; 62-7-401(c)) |
Spouse keeps will, intestacy, homestead, exempt-property, and outside-will benefits, but listed benefits are charged against the share; election is a minimum-share top-up, not automatic will renunciation (§§ 62-2-206–207) |
| South Dakota verified 2026-08-02 | SDCL §§ 29A-2-201 to -214; marriage-scaled four-component augmented-estate elective share plus potential $50,000 supplement |
Surviving spouse, conservator, authorized POA agent, or spouse's personal representative if spouse dies before election period expires (§ 29A-2-212) |
Under 1 year: supplement only; 1-10 years: 3%-30% in 3-point annual steps; 11-15 years: 34%, 38%, 42%, 46%, then 50%. Potential $50,000 supplement (§ 29A-2-202) |
Net probate estate + decedent transfers to others + decedent transfers to spouse + spouse property/transfers; reaches joint, POD/TOD, insurance, retained-power/benefit, recent-gift, and spouse assets (§§ 29A-2-203 to -207) |
Probate deductions include funeral/admin expenses, allowances, exempt property, and claims; adequate consideration and written spousal consent exclude transfers; claims, commuted value, and no-double-counting rules apply (§§ 29A-2-204, -208) |
Later of 9 months after death or 4 months after informal/formal probate; good-cause extension petition due within 9 months after death. Late filing can lose nonprobate-to-others reach; withdraw before final determination (§ 29A-2-211) |
File court petition and mail/deliver it to personal representative; give hearing notice to interested persons and adversely affected augmented-estate recipients. Court determines amounts and contribution (§ 29A-2-211) |
Before or after marriage: spouse-signed writing; voluntariness and unconscionability-plus-disclosure safeguards; broad 'all rights' language also reaches allowances (§ 29A-2-213) |
Spouse-received property/credits first, then probate and most nonprobate transfers, then remaining recent transfers. Original recipients and donees holding property/proceeds contribute proportionally or surrender property (§§ 29A-2-209 to -210) |
Will/intestacy benefits passing to spouse count first toward satisfaction rather than being automatically forfeited; homestead, exempt property, and family allowance remain additional (§§ 29A-2-202(c), -209(a)) |
| Tennessee verified 2026-08-02 | Tenn. Code Ann. §§ 31-4-101–105; marriage-length percentage of statutory net estate, available against will or intestate share |
Surviving spouse who survives 120 hours and is not a felonious/intentional killer; after a will is probated, court route for adjudged-incompetent or minor spouse; deceased spouse's PR may elect before deadline (§§ 31-1-106, 31-3-120, 31-4-104–105) |
Under 3 years: 10%; 3 to under 6: 20%; 6 to under 9: 30%; 9+: 40% of net estate; all marriages to same person are combined even if separated by divorce (§ 31-4-101(a)) |
All decedent real property plus personal property passing by will/intestacy; powers of appointment excluded unless directed to probate; intentional fraudulent transfers may be added/voided (§§ 31-4-101(b), 31-1-105) |
Deduct secured debts against collateral, funeral/admin expenses, exempt property, homestead, and year's support; spouse credits use 2026 federal-gross-estate method with former-TN-inheritance-tax exclusions; life interests/trusts actuarially valued (§ 31-4-101(b)–(d)) |
Petition within 9 months after death; litigated title can add 1 year from probate plus further exigency extension; incompetent/minor route within 1 year from probate; withdraw before final determination (§§ 31-4-102(a), (c), 31-4-104–105) |
File court petition and mail/deliver it to PR, if any; court notices interested and adversely affected persons, holds hearing, determines share, and orders distribution/vesting (§ 31-4-102) |
Chapter 31 states no general predeath waiver form; antenuptial/prenuptial premarital-property agreement is binding if freely, knowledgeably, in good faith, and without duress/undue influence (§ 36-3-501); filed demand may be withdrawn (§ 31-4-102(c)) |
Estate pays percentage minus spouse-received gross-estate assets; court may fix liability of persons holding/distributed property and enforce contribution/payment in Tennessee or elsewhere (§§ 31-4-101(c), 31-4-102(d)–(e)) |
Election replaces will or intestate share; homestead, exempt property, and year's support reduce net-estate base but are excluded from spouse credit; payable share protected from unsecured estate creditors (§ 31-4-101) |
| Texas verified 2026-08-02 | No general elective share or will-renunciation system; Texas uses community-property ownership, reflected in Est. Code § 101.052 |
N/A—no elective-share claimant; § 101.052 instead identifies the surviving spouse's owned community-property interest |
No elected percentage; survivor owns an undivided one-half community-property interest, while the deceased spouse owned the other half (§ 101.052) |
No elective or augmented estate; the deceased spouse's undivided one-half community interest passes to heirs or devisees, rather than entering a spousal-share calculation (§ 101.052(b)) |
N/A—no elective-share deductions, exclusions, or valuation formula |
N/A—no elective-share election deadline, extension, or withdrawal rule |
N/A—no elective-share instrument, filing, service, notice, or hearing procedure; community property may still be administered under the Estates Code (§ 101.052(c)) |
N/A—no elective-share right to waive |
N/A—no elective-share payment or recipient-contribution system |
No election affects will benefits; the survivor keeps the survivor's own undivided community half, and the deceased spouse's half passes to heirs or devisees (§ 101.052) |
| Utah verified 2026-08-02 | Utah Code §§ 75-2-202–75-2-214; broad augmented-estate system with supplemental elective-share amount |
Surviving spouse of Utah domiciliary, living when petition filed; spouse, conservator, guardian, or POA agent may elect; nondomiciliary rule follows domicile law (§§ 75-2-202, -212) |
1/3 of augmented estate; conditional supplement to $75,000 under statutory satisfaction formula; no marriage-length scale (§ 75-2-202(1)–(2)) |
Net probate estate; specified powers, survivorship/POD/TOD, limited insurance, retained-benefit/control and 2-year transfers; transfers to spouse; spouse's own property/transfers (§§ 75-2-203–207) |
Deduct probate expenses/allowances/claims and included-property claims; exclude separate property, adequate-consideration/spouse-consented transfers, Social Security and named benefits; death/commuted valuation and anti-overlap rules (§§ 75-2-204, -206–208) |
Later of 9 months after death or 6 months after will probate; post-9-month filing loses nonprobate-to-others reach unless extension petition + notice filed within 9 months; withdraw before final determination (§ 75-2-211(1)–(3)) |
File court petition and mail/deliver it to PR; give hearing notice to estate interested persons and adversely affected augmented-estate distributees/recipients; court determines amount/contribution (§ 75-2-211) |
Whole/partial pre- or postmarital waiver by spouse-signed writing; unenforceable if involuntary or unconscionable plus disclosure/knowledge safeguards unmet; broad 'all rights' language ordinarily sufficient (§ 75-2-213) |
Apply spouse-received/owned property and allowances first; then probate and nonprobate recipients by equitable proportional tiers; original recipients and donees holding property/proceeds may return property or pay value (§§ 75-2-209–210) |
Will/intestacy and nonprobate benefits received by spouse are satisfaction credits, not automatically renounced; homestead, exempt property, and family allowance are charged against share, not additional (§§ 75-2-202(3), -209(1)) |
| Vermont verified 2026-08-02 | 14 V.S.A. §§ 319, 321, 323; probate-estate election that waives the will, plus a targeted anti-evasion transfer remedy |
Surviving spouse must be living when election is made; guardian or sufficiently authorized agent/attorney-in-fact may sign. Intentional unlawful killer forfeits inheritance (§§ 319(b), 322) |
1/2 of probate-estate balance after allowances, claims, and expenses; no marriage-length scale (§ 319(a)) |
Probate estate, not a general augmented estate. Certain no-consideration, death-effective transfers primarily meant to defeat the share may be restored through increased probate share or equitable relief; enhanced life estate deeds unaffected (§ 321) |
Allowances, claims, and expenses paid before the 1/2 calculation; no separate valuation date or detailed valuation formula in § 319(a) |
4 months after later service of spouse-rights notice or inventory, unless court orders otherwise; 30 days after service of later filing disclosing new property. No statutory withdrawal rule (§ 319(e)-(f)) |
File written election with Probate Division court; court provides rights notice within 30 days after initial inventory. § 319 states no general verification, notary, attachment, or election-service requirement |
Before or during marriage, written instrument signed by waiving spouse; presumed valid subject to voluntariness/fraud/duress/coercion, unconscionability, disclosure, and meaningful independent-counsel-access challenges (§ 323) |
Paid from 1/2 of net probate balance; for a qualifying anti-evasion transfer, court may increase probate share or order other equitable relief if probate assets are insufficient (§§ 319(a), 321(a)) |
Waives will provisions and substitutes statutory share. Allowances precede calculation; assigned household furnishings are additional to distributive share. Homestead/allowances can be waived separately (§§ 312, 319(a), 323(a)) |
| Virginia verified 2026-08-02 | Va. Code tit. 64.2, ch. 3, art. 1.1 (§§ 64.2-308.1–308.17); augmented-estate system for decedents dying on/after Jan. 1, 2017 |
Surviving spouse of a VA domiciliary who is living when election is filed; spouse, conservator, or durable-POA agent may elect; willful desertion/abandonment bars the right (§§ 64.2-308.3, -308.13, -308.14(E)) |
50% of marital-property portion; portion scales 3% (<1 year), then 6%–92% by year, reaching 100% at 15+ years (§§ 64.2-308.3–308.4) |
Probate estate + decedent nonprobate transfers to others/spouse + spouse's own property/transfers; includes specified joint, POD/TOD, insurance, retained-power/benefit, and 2-year transfers (§§ 64.2-308.4–308.8) |
Deduct funeral/admin expenses, allowances, exempt property, claims/liens; exclude adequate-consideration, spouse-consented, and third-party gifted/inherited separate property; special present-value and no-overlap rules (§§ 64.2-308.5, -308.9) |
Election: 6 months after later of will probate or administrator qualification; complaint: 6 months after election; complaint after 12 months from death loses nonprobate-to-others reach; withdraw before final determination; no stated extension (§ 64.2-308.12) |
Record acknowledged/proven election in court clerk's will book; send PR copy within 30 days; file complaint, notify known interested/adversely affected persons within 30 days; court decides after notice/hearing (§ 64.2-308.12) |
Whole/partial pre- or postmarriage signed writing; defeated by involuntariness or specified unconscionability/disclosure failures; broad all-rights waiver or separation property settlement can waive (§ 64.2-308.14) |
Credit spouse-received and spouse-owned marital property first; then charge probate/specified nonprobate recipients pro rata, then remaining nonprobate recipients; original recipients and donees retaining property/proceeds may owe contribution (§§ 64.2-308.10–308.11) |
Spouse-received will/intestacy/nonprobate property satisfies the share first; homestead allowance, exempt property, and family allowance remain additional; temporary rent-free family-residence possession may apply (§§ 64.2-308.3, -308.10, -308.16) |
| Washington verified 2026-08-02 | No general elective share or will-renunciation system; community-property ownership under RCW 11.02.070 and 26.16.030 |
N/A—no elective-share claimant; RCW 11.02.070 instead confirms one-half community property to the surviving spouse |
No elected percentage or marriage-length scale; survivor receives own one-half community share, and decedent controls only the other half (RCW 11.02.070; 26.16.030(1)) |
No elective or augmented estate; whole community property may be probated for community debts and statutory awards, without converting survivor's half into an elective share (RCW 11.02.070) |
N/A—no elective-share deductions, exclusions, or valuation formula |
N/A—no elective-share election deadline, extension, or withdrawal rule |
N/A—no elective-share instrument, filing, service, notice, or hearing procedure |
N/A—no elective-share right to waive |
N/A—no elective-share payment or recipient-contribution system |
No election affects will benefits; one-half community property is confirmed to survivor, and decedent's half passes by will or intestacy (RCW 11.02.070) |
| West Virginia verified 2026-08-02 | Augmented-estate elective share under W. Va. Code §§ 42-3-1 to -6; marriage schedule plus $25,000 supplemental formula |
Surviving spouse of WV-domiciled decedent, living when petition filed; conservator, guardian, or POA agent may act. Incapacitated-spouse election creates court-appointed support trust; nondomiciliary right follows domicile law (§§ 42-3-1(c), -3) |
Under 1 year: supplemental only; 1–10 years: 3%–27% by 3-point annual steps; 10–15 years: 30%, 34%, 38%, 42%, 46%; 15+ years: 50%; $25,000 supplemental formula (§ 42-3-1) |
Net probate + reclaimable estate + spouse death benefits + spouse-owned property/hypothetical transfers; reaches powers, survivorship, retained-benefit/power transfers, 2-year gifts over $10,000 per donee/year, insurance, and retirement (§ 42-3-2) |
Probate reduced by funeral/administration, homestead/property exemptions, claims; adequate-consideration, spouse-consented, and specified third-party benefits excluded. Death-date value except 2-year gifts at transfer; highest overlapping value (§ 42-3-2(b)–(d)) |
Later of 9 months after death or 6 months after will probate; filing after 9 months loses reclaimable base unless timely extension petition/notice. Extended property counts in computation but not § 42-3-6(b)–(c) satisfaction; withdraw before final determination (§ 42-3-4) |
File court petition and mail/deliver to PR; serve petition copy and written hearing notice on estate interests and possibly affected recipients; court determines share and contribution after hearing (§ 42-3-4) |
Whole/partial waiver before or after marriage by signed writing; unenforceable for involuntariness or combined unconscionability/disclosure defects. General all-rights language reaches elective and prior will/intestate benefits (§ 42-3-3a) |
Spouse will/intestate benefits, death benefits, disclaimed amounts, and applicable spouse property credited first; then probate/reclaimable classes apportioned. Original recipients and donees holding property/proceeds liable; may return property or value (§ 42-3-6) |
Will/intestate and spouse nonprobate benefits satisfy share first rather than being automatically forfeited; homestead/property exemptions reduce probate base. Article 3 states no separate family-allowance addition (§§ 42-3-2(b)(1), -6(a)) |
| Wisconsin verified 2026-08-02 | Wis. Stat. ch. 861, subch. II, §§ 861.018–861.11; augmented deferred-marital-property election alongside the survivor's existing marital-property half (§ 861.01) |
Surviving spouse of a decedent domiciled in Wisconsin; spouse must be living when filed, but a conservator, guardian, guardian ad litem, or POA agent may file for the spouse (§§ 861.02(7), 861.09) |
Spouse may elect no more than 50% of the augmented deferred marital property estate; no marriage-length schedule (§ 861.02(1)) |
Both spouses' deferred marital property, including decedent probate property, survivorship/POD/TOD-type property, insurance, powers, retained-benefit transfers, and specified 2-year gifts; spouse side mirrors decedent side (§§ 861.02–861.04) |
Exclude consideration-backed, Social Security, spouse-consented, and listed spouse-benefit property; varying death/transfer valuation, equitable expense-and-claim reductions, and no double inclusion (§ 861.05) |
6 months after death; extension for cause after petition and notice, ordinarily requested within 6 months, with late relief only for beyond-control prevention plus hardship; withdraw before final distribution determination (§ 861.08) |
File a petition in the probate court or decedent-residence county court, mail/deliver it to the PR if any, notify adversely affected persons of the hearing under ch. 879, and obtain court determination (§ 861.08) |
Whole or partial pre/postmarriage waiver only in an enforceable § 766.58 marital-property agreement, or after death in a signed document filed with the proper court; broad all-rights language generally suffices (§ 861.10) |
Credit spouse-side included property and other property transferred to the spouse first; then charge decedent-side recipients proportionally, with recent-gift categories last; original recipients and specified donees face contribution (§§ 861.06–861.07) |
No statutory will-renunciation effect; spouse-received property is credited first. Separately, the survivor retains an undivided half of each marital-property item outside administration (§§ 861.01, 861.06) |
| Wyoming verified 2026-08-02 | Wyo. Stat. §§ 2-5-101 to -105; will-disposition elective share, not a general augmented-estate system |
Spouse of Wyoming-domiciled decedent; nonresident decedent's domicile law controls. If spouse dies/becomes incompetent within 3 months after probate or before advisement, estate PR or guardian may elect (§ 2-5-101(b)-(c)) |
1/2 if no surviving issue or spouse is parent of any surviving issue; 1/4 only if spouse is parent of no surviving issue; no marriage-length scale (§ 2-5-101(a)) |
Property subject to disposition under will; no general nonprobate recapture. Imported community property under §§ 2-7-721 to -723 is split 1/2 to survivor, and decedent's 1/2 is excluded from election |
Subtract funeral and administration expenses, homestead allowance, family allowances and exemption, and enforceable claims; no special valuation date/formula (§ 2-5-101(a)) |
Later of 3 months after will admission or 30 days after court advisement; no extension rule stated. Withdrawal allowed before final court determination (§ 2-5-105(a), (d)) |
File court petition and mail/deliver it to personal representative; certified-mail hearing notice to all adversely affected persons at least 20 days before hearing; court determines and orders payment (§ 2-5-105) |
Before or after marriage, total/partial written contract, agreement, or waiver signed after fair disclosure; broad 'all rights' waiver or qualifying complete property settlement has expanded effect (§ 2-5-102) |
Court orders payment from estate assets; abatement generally proceeds intestate property, residue, general devises, specific devises, then property devised to spouse taking under will (§§ 2-5-105(c), 2-7-808) |
Failure to elect or filed waiver/renunciation of election leaves will controlling. Homestead, exempt property, and family allowance generally remain available whether or not spouse elects (§§ 2-5-101(d), -103, -105(e)) |
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