Elective Share

Probate & Legal

A statutory right that lets a surviving spouse claim a minimum portion of the deceased spouse's estate even if the will leaves them less.

An elective share is a surviving spouse's statutory right to claim a minimum portion of the deceased spouse's estate, even if the will leaves less. Most non-community-property states use elective shares to protect spouses from disinheritance.

Arizona is a community property state. Each spouse already owns half of all property acquired during the marriage. At death, the surviving spouse keeps their half automatically. The deceased spouse can only direct their own half by will or trust.

Spousal Protections That Still Apply

Arizona provides a homestead allowance, exempt property allowance, and family allowance to a surviving spouse and minor children under A.R.S. 14-2401. An omitted spouse who married the testator after the will was signed may also take an intestate share. These protections function as Arizona's equivalent of an elective share.