How the Spousal Elective Share Calculator Works
Unlike Korea, where every child and spouse has a legally guaranteed forced heirship share (yuryubun), most U.S. states follow "freedom of testation" — a person can leave adult children nothing in their will. The one major exception is a surviving spouse: nearly every state gives them a statutory "elective share," letting them claim a minimum percentage of the estate even if the will leaves them less (or nothing).
This calculator lets you enter the total estate value and pick a common elective share fraction — one-third is the most widely used default, though states that follow the Uniform Probate Code use a sliding scale tied to the length of the marriage, reaching up to one-half for marriages of 15 years or more. Enter what the spouse has already received through the will or other transfers to see the additional amount they could still claim.
Because probate law is set at the state level, the exact fraction, the definition of the "augmented estate" it applies to, and the filing deadline all vary — this tool gives a rough estimate, and an estate attorney should confirm the figures for your specific state.
Frequently Asked Questions
In most U.S. states, no. Testators generally have freedom to disinherit adult children; only a surviving spouse has a statutory elective share, commonly around one-third to one-half of the estate.
Yes. Some states use a flat fraction, often one-third, while states that follow the Uniform Probate Code use a sliding scale based on the length of the marriage, up to one-half for long marriages.