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.
Delaware Notice of Election by Surviving Spouse serves as a legal document that enables the surviving spouse (widow/widower) in Delaware to claim their share in the deceased spouse's estate. This notice provides an opportunity for the surviving spouse to elect an elective share of the decedent's property, including real estate, personal belongings, and other assets. By filing the Delaware Notice of Election, the surviving spouse indicates their intention to claim an elective share, which is a statutory right designed to protect the surviving spouse from being disinherited. This legal provision ensures that the surviving spouse receives a fair portion of the deceased spouse's estate, regardless of what may be stated in the decedent's will. When a surviving spouse files the Delaware Notice of Election, it triggers a series of legal steps, including an evaluation of both the decedent's probate and non-probate assets, calculations of the elective share percentage, and the eventual distribution of the elective share to the surviving spouse by the court. The notice must be timely filed with the court, typically within six months after the decedent's death, to pave the way for the surviving spouse's claim. There are two primary types of Delaware Notice of Election by Surviving Spouse: 1. Delaware Notice of Election for Real Property: This type of notice specifically focuses on the surviving spouse's claim for the decedent's real estate, including land, homes, or other real properties owned solely or jointly by the deceased spouse. By filing this notice, the surviving spouse expresses their intent to elect a share of the real property, regardless of what may have been devised to them in the decedent's will. 2. Delaware Notice of Election for Personal Property: This notice type addresses the surviving spouse's claim to the decedent's personal belongings, such as vehicles, household items, furniture, cash, and other non-real estate assets. By providing this notice, the surviving spouse ensures that their right to the elective share extends to personal property, not just real estate, allowing them to receive a rightful portion of the overall estate's assets. It is crucial for the surviving spouse to consult with an experienced attorney while drafting and filing the Delaware Notice of Election by Surviving Spouse, as the process involves complex legal provisions and calculations. The attorney can guide them through the election process, ensure the notice's accuracy, and assist in the proper documentation and filing with the appropriate Delaware probate court. By taking the necessary steps, the surviving spouse can protect their rights and claim what is rightfully theirs under Delaware law.Delaware Notice of Election by Surviving Spouse serves as a legal document that enables the surviving spouse (widow/widower) in Delaware to claim their share in the deceased spouse's estate. This notice provides an opportunity for the surviving spouse to elect an elective share of the decedent's property, including real estate, personal belongings, and other assets. By filing the Delaware Notice of Election, the surviving spouse indicates their intention to claim an elective share, which is a statutory right designed to protect the surviving spouse from being disinherited. This legal provision ensures that the surviving spouse receives a fair portion of the deceased spouse's estate, regardless of what may be stated in the decedent's will. When a surviving spouse files the Delaware Notice of Election, it triggers a series of legal steps, including an evaluation of both the decedent's probate and non-probate assets, calculations of the elective share percentage, and the eventual distribution of the elective share to the surviving spouse by the court. The notice must be timely filed with the court, typically within six months after the decedent's death, to pave the way for the surviving spouse's claim. There are two primary types of Delaware Notice of Election by Surviving Spouse: 1. Delaware Notice of Election for Real Property: This type of notice specifically focuses on the surviving spouse's claim for the decedent's real estate, including land, homes, or other real properties owned solely or jointly by the deceased spouse. By filing this notice, the surviving spouse expresses their intent to elect a share of the real property, regardless of what may have been devised to them in the decedent's will. 2. Delaware Notice of Election for Personal Property: This notice type addresses the surviving spouse's claim to the decedent's personal belongings, such as vehicles, household items, furniture, cash, and other non-real estate assets. By providing this notice, the surviving spouse ensures that their right to the elective share extends to personal property, not just real estate, allowing them to receive a rightful portion of the overall estate's assets. It is crucial for the surviving spouse to consult with an experienced attorney while drafting and filing the Delaware Notice of Election by Surviving Spouse, as the process involves complex legal provisions and calculations. The attorney can guide them through the election process, ensure the notice's accuracy, and assist in the proper documentation and filing with the appropriate Delaware probate court. By taking the necessary steps, the surviving spouse can protect their rights and claim what is rightfully theirs under Delaware law.
