How much is the spousal elective share in New York?

What the Law Says

New York law gives a surviving spouse the right to elect against a deceased spouse’s will and claim a statutory share of the estate instead.

The spousal elective share in New York is defined by the Estates, Powers and Trusts Law (EPTL). It ensures that a surviving spouse cannot be completely disinherited, even if the will leaves them nothing.

The amount is the greater of $50,000 or one-third of the decedent’s net estate — calculated after debts, taxes, and administration expenses are paid but before distribution to beneficiaries.

This right only applies to assets subject to probate and certain non-probate transfers (e.g., joint accounts, trusts, or life insurance payable to the estate), depending on whether they were intended to circumvent the elective share.

Statutory Text

The surviving spouse of a decedent dying domiciled in this state has an elective share equal to the greater of fifty thousand dollars or one-third of the net estate.

— EPTL § 5-1.1-A(a) — Elective share of surviving spouse

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