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.
The Pennsylvania Notice of Election by Surviving Spouse is a legal document that pertains to the rights and choices of a surviving spouse in the distribution of their deceased spouse's estate. This notice is typically filed during probate or administration proceedings and serves to inform the court, estate administrator, and other interested parties of the surviving spouse's decision regarding their elective share. Keywords: Pennsylvania, Notice of Election, Surviving Spouse, probate, administration proceedings, deceased spouse, estate, elective share. There are two different types of Pennsylvania Notice of Election by Surviving Spouse: 1. Notice Electing Against the Will: In cases where the deceased spouse had a valid will in place, this notice allows the surviving spouse to elect against the provisions stipulated in that will. By filing this notice, the surviving spouse asserts their right to claim a portion of the deceased spouse's estate, known as the elective share, as defined by the Pennsylvania probate laws. Keywords: Notice Electing Against the Will, valid will, provisions, elective share, Pennsylvania probate laws. 2. Notice Not Electing Against the Will: In situations where the surviving spouse decides not to exercise their right to claim the elective share and instead agrees with the provisions outlined in the deceased spouse's will, they can choose to file a Notice Not Electing Against the Will. This document confirms the surviving spouse's agreement with the distribution of the estate as per the deceased spouse's will. Keywords: Notice Not Electing Against the Will, exercise right, claim, elective share, distribution, deceased spouse's will. Both types of notices play a crucial role in the administration of the deceased spouse's estate by providing clarity and guidance to the court and other interested parties involved. Please note that while this description provides general information about the Pennsylvania Notice of Election by Surviving Spouse, it is essential to consult with a qualified attorney or legal professional to fully understand the specific laws and procedures related to this document in Pennsylvania.The Pennsylvania Notice of Election by Surviving Spouse is a legal document that pertains to the rights and choices of a surviving spouse in the distribution of their deceased spouse's estate. This notice is typically filed during probate or administration proceedings and serves to inform the court, estate administrator, and other interested parties of the surviving spouse's decision regarding their elective share. Keywords: Pennsylvania, Notice of Election, Surviving Spouse, probate, administration proceedings, deceased spouse, estate, elective share. There are two different types of Pennsylvania Notice of Election by Surviving Spouse: 1. Notice Electing Against the Will: In cases where the deceased spouse had a valid will in place, this notice allows the surviving spouse to elect against the provisions stipulated in that will. By filing this notice, the surviving spouse asserts their right to claim a portion of the deceased spouse's estate, known as the elective share, as defined by the Pennsylvania probate laws. Keywords: Notice Electing Against the Will, valid will, provisions, elective share, Pennsylvania probate laws. 2. Notice Not Electing Against the Will: In situations where the surviving spouse decides not to exercise their right to claim the elective share and instead agrees with the provisions outlined in the deceased spouse's will, they can choose to file a Notice Not Electing Against the Will. This document confirms the surviving spouse's agreement with the distribution of the estate as per the deceased spouse's will. Keywords: Notice Not Electing Against the Will, exercise right, claim, elective share, distribution, deceased spouse's will. Both types of notices play a crucial role in the administration of the deceased spouse's estate by providing clarity and guidance to the court and other interested parties involved. Please note that while this description provides general information about the Pennsylvania Notice of Election by Surviving Spouse, it is essential to consult with a qualified attorney or legal professional to fully understand the specific laws and procedures related to this document in Pennsylvania.
