Renouncing a Will

Rejecting a will for the statutory share

A surviving spouse can renounce a will and claim an inheritance under state law instead. This option exists even if the will leaves them nothing or very little.

This right originated as protection against disinheritance. Historically, one spouse (usually the husband) might own all family assets and write them to children from a previous marriage, leaving the other spouse without recourse.

For example, a husband might hold all marital property in his name alone and direct it all to his adult children from an earlier relationship in his will.

The wife can petition the probate court to claim her "elective share"—a portion of the estate set by state law. Most states allow a surviving spouse to take roughly one third to one half of the estate.

The exact percentage varies by state, as does which assets count toward the calculation. State laws also differ on allowances, limits, and exceptions that affect how much a spouse can claim.

These details determine what property the surviving spouse can take from the deceased spouse's estate instead of what the will provides.

This right does not apply if the couple signed a prenuptial agreement.