The person who was legally married to a decedent at the time of death and who outlives the decedent. Surviving spouses typically have special legal rights including elective share rights, family allowances, homestead protections, and preferential inheritance treatment.
Your surviving spouse is your husband or wife who's still alive after you die. The law gives surviving spouses special protections—they can't usually be completely disinherited and often get tax advantages other beneficiaries don't receive.
⏱ When you'll encounter this term
- Estate planning documents and wills
- Probate proceedings and inheritance claims
- Tax planning for estate and inheritance taxes
- Elective share claims against an estate
"Dad left most of his estate to his new girlfriend in his will, but Mum claimed her rights as surviving spouse. Under our state's elective share law, she was entitled to one-third of the estate regardless of what the will said."
⚖️ Compare: Surviving Spouse vs Other Beneficiaries
Special legal protections. Elective share rights. Tax advantages. Cannot be completely disinherited in most jurisdictions.
Fewer protections. Can usually be disinherited. Less favorable tax treatment. Must rely on will provisions.
💡 Did you know?
In many jurisdictions, a surviving spouse automatically inherits some portion of the estate even if the will says otherwise. This is called the "elective share" or "forced share" and typically ranges from one-third to one-half of the estate, protecting spouses from being disinherited.