What is a surviving spouse’s right of election?

In Washington, a surviving spouse’s right of election is a legal right that allows them to inherit a deceased spouse’s estate, even if the deceased spouse’s will states otherwise. This right is guaranteed under Washington inheritance law. A surviving spouse can choose to take either their statutory share of the deceased spouse’s estate or the share of the estate that they are awarded in the deceased spouse’s will. The surviving spouse must exercise their right of election within six months of the deceased spouse’s death. This is done by filing a “Notice of Election” with the court. The Notice of Election must include information such as the deceased spouse’s name and date of death, a detailed description of the surviving spouse’s statutory share of the estate, and a description of the property that the surviving spouse is electing to receive. Once the Notice of Election is filed, the court will grant the surviving spouse their statutory share of the estate. This could mean that the surviving spouse is entitled to a larger share of the estate than what they are awarded in the deceased spouse’s will. It is important for a surviving spouse to understand their rights under Washington inheritance law and to take timely action to ensure they exercise their right of election.

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