The widow’s election is a legal process providing a surviving spouse with the right to claim a certain share of the deceased’s estate. The widow’s election allows a surviving spouse to take over a deceased spouse’s share of the estate, instead of the legally mandated share given to heirs by intestate succession. In most cases, a widow’s election is made to ensure that a surviving spouse has enough resources to maintain their standard of living and fulfill their financial obligations.
Why Is the Widow’s Election Necessary?
Due to the fact that the law of intestacy governs the inheritance of assets when a person passes away without a valid will, an individual leaving an estate with no clear line of heirs could leave the surviving spouse with a significantly reduced portion of the estate. In the face of such financial uncertainty, a widow’s election allows a surviving spouse to take over their deceased spouse’s share of the estate, potentially protecting them from financial hardship.
Making a Widow’s Election
In order to make a widow’s election, a surviving spouse must submit the appropriate paperwork to the court in the jurisdiction where the deceased passed away within nine months from the date of death. If a widow’s election is not made within this time period, the surviving spouse will be limited to the legally mandated share of the estate. Consequently, it’s imperative for surviving spouses to make a timely decision when considering a widow’s election.
Conclusion
The widow’s election is a powerful tool that provides a surviving spouse with the right to receive as much of the deceased’s estate as they would have been entitled to if they had passed away first. As such, making a widow’s election is an important step for surviving spouses to consider in light of the uncertainty that can accompany when a loved one passes away without leaving an up to date will.