An elective share is a term used relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It has also been called a widow's share, statutory share, election against the will, or forced share.
The election rights of a spouse are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either: 1. Accepting what was provided to him or her pursuant to the decedents will; or 2. Electing to take a fixed portion of the decedents probate estate property.
The rationale for granting an election to the surviving spouse is to ensure that the surviving spouse receives at a minimum amount of the decedents wealth which, in many cases, was accrued during the marriage.
Currently, the amount to be reserved for a spouse is determined by the law of the state where the estate is located. In most states, the elective share is between 1/3 and 1/2 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. Some states also reduce the elective share if the surviving spouse is independently wealthy.
Alabama Notice of Election by Surviving Spouse is a legal document that pertains to the rights of a surviving spouse in the state of Alabama. This notice is typically issued in the context of a decedent's estate administration, specifically when the decedent died testate (with a valid will) and the surviving spouse is entitled to an elective share. The Alabama Notice of Election by Surviving Spouse allows the surviving spouse to exercise their statutory right to choose between the provisions outlined in the decedent's will or their statutory right to a portion of the estate. This notice is crucial in determining the surviving spouse's claim to the estate and plays a significant role in the distribution of assets. In Alabama, there are generally two types of Notice of Election by Surviving Spouse: 1. Notice of Election by Surviving Spouse under the Uniform Probate Code: This type of notice is applicable when the decedent's will was executed on or after January 1, 1983. The surviving spouse must file this notice within six months after the admission of the will to probate or the appointment of a personal representative, whichever occurs later. 2. Notice of Election by Surviving Spouse under the Alabama Code: This notice applies to situations where the decedent died before January 1, 1983, or had a will executed before that date. The surviving spouse is required to file this notice within six months after the appointment of a personal representative or within one year after the decedent's death if no personal representative is appointed. The content of the Alabama Notice of Election by Surviving Spouse typically includes the following key elements: 1. Introduction: This section identifies the document as a Notice of Election by a Surviving Spouse and provides details about the decedent and the surviving spouse's relationship. 2. Statement of Election: The surviving spouse must explicitly state their decision to either accept the provisions of the decedent's will or claim their statutory elective share. This decision is crucial as it determines the subsequent distribution of assets. 3. Supporting Information: The notice may require the surviving spouse to provide additional information, such as the decedent's will, the date it was admitted to probate, or the appointment date of the personal representative. 4. Signatures: The notice concludes with the signature of the surviving spouse, affirming the accuracy of the information provided. It is important to consult with an attorney experienced in estate administration and probate matters to ensure the correct completion and filing of the Alabama Notice of Election by Surviving Spouse. Adhering to the specific guidelines and deadlines is crucial to protect the rights and interests of the surviving spouse in the estate distribution process.Alabama Notice of Election by Surviving Spouse is a legal document that pertains to the rights of a surviving spouse in the state of Alabama. This notice is typically issued in the context of a decedent's estate administration, specifically when the decedent died testate (with a valid will) and the surviving spouse is entitled to an elective share. The Alabama Notice of Election by Surviving Spouse allows the surviving spouse to exercise their statutory right to choose between the provisions outlined in the decedent's will or their statutory right to a portion of the estate. This notice is crucial in determining the surviving spouse's claim to the estate and plays a significant role in the distribution of assets. In Alabama, there are generally two types of Notice of Election by Surviving Spouse: 1. Notice of Election by Surviving Spouse under the Uniform Probate Code: This type of notice is applicable when the decedent's will was executed on or after January 1, 1983. The surviving spouse must file this notice within six months after the admission of the will to probate or the appointment of a personal representative, whichever occurs later. 2. Notice of Election by Surviving Spouse under the Alabama Code: This notice applies to situations where the decedent died before January 1, 1983, or had a will executed before that date. The surviving spouse is required to file this notice within six months after the appointment of a personal representative or within one year after the decedent's death if no personal representative is appointed. The content of the Alabama Notice of Election by Surviving Spouse typically includes the following key elements: 1. Introduction: This section identifies the document as a Notice of Election by a Surviving Spouse and provides details about the decedent and the surviving spouse's relationship. 2. Statement of Election: The surviving spouse must explicitly state their decision to either accept the provisions of the decedent's will or claim their statutory elective share. This decision is crucial as it determines the subsequent distribution of assets. 3. Supporting Information: The notice may require the surviving spouse to provide additional information, such as the decedent's will, the date it was admitted to probate, or the appointment date of the personal representative. 4. Signatures: The notice concludes with the signature of the surviving spouse, affirming the accuracy of the information provided. It is important to consult with an attorney experienced in estate administration and probate matters to ensure the correct completion and filing of the Alabama Notice of Election by Surviving Spouse. Adhering to the specific guidelines and deadlines is crucial to protect the rights and interests of the surviving spouse in the estate distribution process.
