What is typically the elective share amount for a spouse when the decedent has descendants?

The elective share is a statutory right that allows a surviving spouse to claim a certain percentage of the decedent’s estate, regardless of what is specified in the will. In jurisdictions that recognize an elective share, the amount typically is one-third of the net estate when the decedent leaves surviving descendants. This provision is designed to ensure that a surviving spouse receives a fair share of the decedent's assets, acknowledging their contribution to the marriage and the family unit.

In states that adhere to this rule, the rationale behind providing one-third is aimed at balancing the interests of the spouse with those of descendants. It recognizes the spouse's role in the family while still allowing the decedent's wishes regarding inheritance to be partially respected.

Other potential share amounts, such as one-fourth or two-thirds, are not the standard for estates with descendants and are generally utilized in different circumstances, such as when there are no descendants. Therefore, the correct amount for the elective share, in this case, is one-third of the net estate, accurately reflecting the legal provisions in many jurisdictions.