United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 18-C, § 2-202: Elective share, 2017

A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate, subject to this Part’s limits and conditions.

spousal elective sharesurviving spouse benefits

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01

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“A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate, subject to this Part’s limits and conditions.”

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    Enacted 2017 · Source version 1 Oct 2025. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Elective share

A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate, subject to this Part’s limits and conditions.

Section 2-202

04

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Source record from legislature.maine.gov · Enacted 2017 · Source version 1 Oct 2025

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Part 2-202

part 2 ELECTIVE SHARE OF SURVIVING SPOUSE

§ 2-202Elective shareProvision

A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate, subject to this Part’s limits and conditions.

1. Elective-share amount. The surviving spouse of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this Part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property and family allowance, if any, are not charged against but are in addition to the elective share. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3. Nondomiciliary. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this State to take an elective share in property in this State is governed by the law of the decedent's domicile at death. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Section 2-202Verify source

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  • 1 Oct 2025 · currentEnglish

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