Each state provides surviving spouses with certain entitlements upon death.  These rights can vary, so it is important to learn what is available in each state.

These surviving spouse rights can include the elective share, family allowance, personal property allowances, exempt property, and rights to the family residence.

If the couple was married for an extended period of time in a community property state, the surviving spouse may already own the community property from the marriage.  Learn more about community property.

Select Your State for Surviving Spouse Rights

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What is the Elective Share?

 

 

What is Family Allowance?

 

What is Exempt Property?

 

How is Jointly Held Property Handled?

 

Surviving Spouse Articles from Around the Country

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