Daily AncestorElective share
The elective share is a widow's (or widower's) right to refuse what the spouse's will gave and take a fixed share set by law instead, traditionally one third.
The elective share is the modern successor of dower and curtesy. Its purpose was to stop a spouse from being left with nothing by the will.
It is also called the widow's share, the statutory share or an election against the will. Each state set its own rules; the share was traditionally one third of the estate.
As seen in a recordProbate court minutes, 1800s
Polly Ross, widow of Saml. Ross, decd., elects to take against the will
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Daily Ancestor. "Elective share." Dictionary of Old Record Words. https://dailyancestor.com/dictionary/legal-land/elective-share. Last checked 2026-10-10.