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The first heirs in line to receive property are the surviving spouse and the deceased's children. If the deceased did not leave a surviving spouse or children, then the property next passes to the parents, siblings, aunts, uncles, nieces and nephews.

In most states, the elective share is between one-third and one-half of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of minor children.

The actual elective share is one-third of the decedent spouse's estate. Not all property will be included in the elective share calculation. Life insurance policy proceeds of the decedent, for instance, will not be included.

By state law, a surviving spouse in Pennsylvania can elect to take one-third of a decedent spouse's property, which includes: Property passing by the will or intestacy: A surviving spouse can take one-third of any property that the decedent included in his or her will.

In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.

A Maine small estate affidavit is a document permitting an individual to file a claim on the estate of a deceased person. It is used when the deceased, also known as the decedent, has a ?small estate? that is valued at less than $40,000.