Statutory Share at Legal Glossary
What is it? The portion of a deceased persons estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouses property, but in some states the exact amount of the spouses share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.Law Definition Added By: Xavier
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