Spousal Elective Share Calculator — United States

An elective share (or forced share) is a surviving spouse's statutory right to claim a minimum portion of a deceased spouse's estate, even if the will leaves them less or nothing. It prevents disinheritance of a spouse. The fraction is commonly one-third or one-half depending on the state.

The state sets a percentage of the estate — often one-third, sometimes one-half — that the surviving spouse can elect to take instead of the will's provisions. Many states apply it to an augmented estate that adds back certain lifetime gifts and non-probate transfers to prevent avoidance.

In Uniform Probate Code states, yes. The UPC uses a sliding scale where the elective-share percentage of the augmented estate increases with the number of years married, reaching 50% after 15 years. Many non-UPC states use a flat fraction regardless of marriage length.

The US elective share is a fixed statutory fraction a spouse can claim as of right. Canada's dependant relief is discretionary and needs-based: a court decides an appropriate amount after weighing the dependant's needs and the estate's size. Community property states, by contrast, already give a spouse half of community assets.