- (1) If there is surviving issue, the elective share shall equal one-third of the value of the estate subject to election, reduced by the value of all spousal benefits; or
- (2) If there is no surviving issue, the elective share shall equal one-half of the value of the estate subject to election, reduced by the value of all spousal benefits.
The surviving spouse may elect to take an elective share of an estate subject to election as follows:
Added by Acts 2019, c. 435, § 1, eff. Oct. 1, 2020.