What is a surviving spouse’s right of election?
In California, a surviving spouse’s right of election is a law that gives a married spouse the right to inherit a certain amount of their deceased spouse’s estate, regardless of what the will states. This right is granted because California is a community property state, which means that both spouses own and are responsible for the income and property that they acquire during the marriage. Under California’s surviving spouse’s right of election, if a deceased spouse does not leave enough of their estate to the other spouse in their will, then the surviving spouse has the right to choose, or elect, what type of assets they will receive from the estate to make up the difference. This typically includes assets such as real estate or stocks. The surviving spouse must make their election within six months of the deceased spouse’s death. If they do not make an election within that time, then they will lose their right to any additional inheritance from the deceased’s estate. The surviving spouse’s right of election is meant to protect the financial interest of the surviving spouse and ensure that they are able to maintain their standard of living after the death of their spouse, even if the will does not provide for them.
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