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In most states, the elective share is between one-third and one-half 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.
Florida's elective share law provides a safety net for a surviving spouse who has been cut out of the deceased spouse's will or left a very small portion of the estate. For a widow or widower who has been disinherited, the Florida elective share statute is a crucial protection.
Depending on the facts and circumstances, this would either be half or all of the probate estate. Unlike an elective share, the inheritance to a pretermitted spouse is made up exclusively of probate assets.
In most states, the elective share is between one-third and one-half 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.
By state law, a surviving spouse in Pennsylvania can elect to take one-third of a decedent spouse's property, which includes: Property passing by the will or intestacy: A surviving spouse can take one-third of any property that the decedent included in his or her will.