Probate and estate litigation
What Happens if Your Deceased Spouse Left You Out of the Will?
A general overview of Pennsylvania's elective share and why surviving spouses may have rights even when a will leaves them little or nothing.
Pennsylvania law gives a surviving spouse certain protections when a deceased spouse's will leaves them out or leaves them less than the law may allow. This protection is commonly discussed as the elective share.
The elective share can allow a surviving spouse to choose between what the will provides and a statutory share of certain property. The calculation can involve both probate property and certain non-probate assets.
Assets That May Require Review
Not every asset is included, and the rules can be technical. The facts of the marriage, any pending divorce action, ownership structure, beneficiary designations, and timing can all matter.
- Property passing by will or intestacy.
- Certain income-producing property.
- Some jointly owned property with survivorship rights.
- Certain annuity interests.
- Certain lifetime transfers and gifts.
Deadlines Matter
A surviving spouse who may want to claim an elective share should pay close attention to deadlines. In many situations, the election must be made within a limited period after death or probate.
Because the elective share can affect inheritance tax, estate administration, and family disputes, it is a topic that deserves careful review rather than guesswork.
This article is for general information only. It is not legal advice, does not create an attorney-client relationship, and should not be used as a substitute for advice about specific facts.