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.
District of Columbia Notice of Election by Surviving Spouse is a legal document that allows a surviving spouse to make a choice regarding the allocated property after the death of their spouse. This notice is crucial for ensuring a fair distribution of assets and protecting the rights of the surviving spouse. In the District of Columbia, there are two types of Notice of Election by Surviving Spouse: 1. District of Columbia Notice of Election by Surviving Spouse — Community Property: This notice is applicable when the deceased spouse owned property classified as community property. Community property includes assets acquired during the marriage and is equally owned by both spouses. The surviving spouse must file this notice within a specific timeframe to elect to take their share of community property. 2. District of Columbia Notice of Election by Surviving Spouse — Separate Property: This notice applies when the deceased spouse owned separate property, which includes assets acquired before the marriage, gifts, inheritances, or property acquired after legal separation. The surviving spouse can elect to take an elective share of their deceased spouse's separate property by filing this notice within the prescribed period. It is important to note that the District of Columbia Notice of Election by Surviving Spouse must be filed in probate court, where the deceased spouse's estate is being administered. This notice gives the surviving spouse a legal opportunity to claim their fair share of the deceased spouse's estate, ensuring that they are not left with inadequate support or resources. To initiate the process, the surviving spouse must complete the Notice of Election by Surviving Spouse form, providing accurate details about the deceased spouse, their relationship, the type of property involved (community or separate), and other relevant information. Filing deadlines and requirements vary depending on the type of property. By filing the District of Columbia Notice of Election by Surviving Spouse, the surviving spouse asserts their right to equitable distribution of the estate and guarantees their financial security following the loss of their partner. This legal document is designed to protect the interests of the surviving spouse and ensure a fair resolution of the deceased spouse's estate.
