2 Pritchard on the Law of Wills and Admin of Estates § 836

Summary

A surviving spouse has the right to take an elective share of the estate of the deceased spouse. The elective share is available to the surviving spouse: (1) of a testate decedent if the spouse elects against the decedent’s will, and (2) of an intestate decedent.37 No distinction is made between surviving male and surviving female spouses.

Under prior law, separate provisions governed the right of a husband and the right of a wife to dissent from the will of the other spouse. A widow ...