Is there a forced share for disinherited family?
Korea guarantees close relatives a reserved portion of an estate and gives them a limited time to claim it back. US law has no equivalent for children - an adult child can be disinherited outright in every state but Louisiana. What does exist is a surviving spouse's elective share, and it comes with a filing deadline that this tool calculates.
Legal basis: the Uniform Probate Code lets a surviving spouse claim an elective share of the augmented estate (UPC §2-202), scaled by the length of the marriage (UPC §2-203), and requires the election within nine months after death or six months after the will is admitted to probate, whichever is later (UPC §2-211(a)). Non-UPC states commonly fix a flat one-third share with their own filing window. Louisiana keeps forced heirship for children under 24 or with a qualifying disability (La. Civ. Code art. 1493). Reviewed as of September 2026.
Community property states handle this differently again, since half of the marital property already belongs to the surviving spouse.
This calculator is for reference only and is not legal advice. Consult a licensed attorney in your state about your specific estate.
Frequently Asked Questions
In 49 states, yes. A will can leave a child nothing, and no forced share applies. Louisiana is the exception, reserving a portion for children under 24 or with a qualifying disability.
Under the Uniform Probate Code the election must be made within nine months of death or six months after the will is admitted to probate, whichever is later. States that have not adopted the code set their own window, so check the local statute.