Legal Definitions - widow's election

Widow's election is a legal term that refers to the right of a surviving spouse to choose between the inheritance left to them in a will or the elective share of the deceased spouse's estate. The elective share is a portion of the estate that the surviving spouse is entitled to receive regardless of what the will says.

For example, if a husband dies and leaves his entire estate to his children, the wife may choose to take her elective share instead. The elective share is usually a percentage of the estate, typically ranging from one-third to one-half, depending on state law.

Another example is if a wife dies and leaves her entire estate to her sister, the husband may choose to take his elective share instead of what was left to him in the will.

These examples illustrate how the widow's election works in practice. It gives the surviving spouse the option to receive a portion of the estate, even if the deceased spouse's will did not provide for them adequately.