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.
Broward Florida Notice of Election by Surviving Spouse is a legal document that holds significant importance in estate administration after the death of a married individual residing in Broward County, Florida. This notice is typically filed by the surviving spouse to exercise their right to elect their spousal share of the deceased spouse's estate. In Broward County, Florida, the Notice of Election by Surviving Spouse is governed by the state's probate laws, primarily the Florida Probate Code. It grants certain rights and protections to surviving spouses, ensuring they are not disinherited or left without adequate provisions. This notice serves the purpose of formally informing the personal representative or executor of the deceased spouse's estate about the surviving spouse's intention to exercise their elective share. By doing so, the surviving spouse aims to secure a portion of the deceased spouse's assets, regardless of what is stated in the deceased spouse's will or testamentary documents. The Broward County probate court recognizes two main types of Notice of Election by Surviving Spouse: 1. Notice of Election before Letters of Administration: This type of notice is filed before the personal representative is appointed by the court. The surviving spouse may choose this option to assert their rights early in the probate process, allowing them to be involved in the subsequent administration and distribution of the estate. 2. Notice of Election after Letters of Administration: Surviving spouses who did not file the election prior to the appointment of the personal representative have the option to file this notice. By doing so, they express their desire to exercise their elective share and request the court's intervention in the distribution of the estate. Keywords: Broward Florida, Notice of Election by Surviving Spouse, estate administration, married individual, Broward County, Florida Probate Code, surviving spouse, spousal share, personal representative, executor, probate laws, elective share, Notice of Election before Letters of Administration, Notice of Election after Letters of Administration.Broward Florida Notice of Election by Surviving Spouse is a legal document that holds significant importance in estate administration after the death of a married individual residing in Broward County, Florida. This notice is typically filed by the surviving spouse to exercise their right to elect their spousal share of the deceased spouse's estate. In Broward County, Florida, the Notice of Election by Surviving Spouse is governed by the state's probate laws, primarily the Florida Probate Code. It grants certain rights and protections to surviving spouses, ensuring they are not disinherited or left without adequate provisions. This notice serves the purpose of formally informing the personal representative or executor of the deceased spouse's estate about the surviving spouse's intention to exercise their elective share. By doing so, the surviving spouse aims to secure a portion of the deceased spouse's assets, regardless of what is stated in the deceased spouse's will or testamentary documents. The Broward County probate court recognizes two main types of Notice of Election by Surviving Spouse: 1. Notice of Election before Letters of Administration: This type of notice is filed before the personal representative is appointed by the court. The surviving spouse may choose this option to assert their rights early in the probate process, allowing them to be involved in the subsequent administration and distribution of the estate. 2. Notice of Election after Letters of Administration: Surviving spouses who did not file the election prior to the appointment of the personal representative have the option to file this notice. By doing so, they express their desire to exercise their elective share and request the court's intervention in the distribution of the estate. Keywords: Broward Florida, Notice of Election by Surviving Spouse, estate administration, married individual, Broward County, Florida Probate Code, surviving spouse, spousal share, personal representative, executor, probate laws, elective share, Notice of Election before Letters of Administration, Notice of Election after Letters of Administration.
