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.
San Diego California Notice of Election by Surviving Spouse is a legal document that allows the surviving spouse of a deceased individual to exercise their right to claim their statutory share of the estate. This notice serves as a formal communication to the executor or personal representative of the estate, informing them of the surviving spouse's intention to elect against the decedent's will or intestate succession laws. Keywords: San Diego California, Notice of Election, Surviving Spouse, statutory share, estate, executor, personal representative, decedent, will, intestate succession laws. Different Types of San Diego California Notice of Election by Surviving Spouse: 1. San Diego California Notice of Election by Surviving Spouse under the Probate Code: This specific type refers to the notice filed by the surviving spouse in accordance with the relevant sections of the California Probate Code, which governs the distribution of assets upon a decedent's death. 2. San Diego California Notice of Election by Surviving Spouse in Probate Administration: This type of notice is applicable when the decedent's estate is undergoing probate administration. The surviving spouse notifies the executor or personal representative of their decision to exercise their right to claim their statutory share, which may include specific assets and/or a portion of the estate. 3. San Diego California Notice of Election by Surviving Spouse in Intestate Administration: In situations where the decedent did not leave a valid will or their will is deemed invalid, the estate is distributed according to California's intestate succession laws. The surviving spouse files this notice to assert their right to the statutory share granted to them under these laws. 4. San Diego California Notice of Election by Surviving Spouse in contested estates: When there is a dispute or disagreement regarding the distribution of the estate, the surviving spouse may file a notice of election as a means to protect their statutory entitlement. This notice informs all interested parties, including potential heirs and beneficiaries, about the surviving spouse's intention to claim their share. It is important to note that specific forms or templates may be available for each type of San Diego California Notice of Election by Surviving Spouse, which can provide guidance on the required information and format for submission.San Diego California Notice of Election by Surviving Spouse is a legal document that allows the surviving spouse of a deceased individual to exercise their right to claim their statutory share of the estate. This notice serves as a formal communication to the executor or personal representative of the estate, informing them of the surviving spouse's intention to elect against the decedent's will or intestate succession laws. Keywords: San Diego California, Notice of Election, Surviving Spouse, statutory share, estate, executor, personal representative, decedent, will, intestate succession laws. Different Types of San Diego California Notice of Election by Surviving Spouse: 1. San Diego California Notice of Election by Surviving Spouse under the Probate Code: This specific type refers to the notice filed by the surviving spouse in accordance with the relevant sections of the California Probate Code, which governs the distribution of assets upon a decedent's death. 2. San Diego California Notice of Election by Surviving Spouse in Probate Administration: This type of notice is applicable when the decedent's estate is undergoing probate administration. The surviving spouse notifies the executor or personal representative of their decision to exercise their right to claim their statutory share, which may include specific assets and/or a portion of the estate. 3. San Diego California Notice of Election by Surviving Spouse in Intestate Administration: In situations where the decedent did not leave a valid will or their will is deemed invalid, the estate is distributed according to California's intestate succession laws. The surviving spouse files this notice to assert their right to the statutory share granted to them under these laws. 4. San Diego California Notice of Election by Surviving Spouse in contested estates: When there is a dispute or disagreement regarding the distribution of the estate, the surviving spouse may file a notice of election as a means to protect their statutory entitlement. This notice informs all interested parties, including potential heirs and beneficiaries, about the surviving spouse's intention to claim their share. It is important to note that specific forms or templates may be available for each type of San Diego California Notice of Election by Surviving Spouse, which can provide guidance on the required information and format for submission.
