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Spousal Elective Share Law in Massachusetts

In Massachusetts, a surviving spouse can waive the will within 6 months after probate and take one-third of the estate if the deceased left issue, or $25,000 plus one-half of the rest if not, with amounts over $25,000 limited to a life income in some cases.

Last checked . General information, not legal advice.

Massachusetts at a glance

Elective share
1/3 with issue; $25,000 plus 1/2 without issue
If the share exceeds $25,000 and the deceased left issue or kindred, the excess is held for the spouse's lifetime income only.
Deadline to elect
6 months after probate of the will
The probate court can extend the time if the will's validity is challenged.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Massachusetts

How much can a surviving spouse claim in Massachusetts if left out of the will?

Elective share in Massachusetts: 1/3 with issue; $25,000 plus 1/2 without issue. If the share exceeds $25,000 and the deceased left issue or kindred, the excess is held for the spouse's lifetime income only.

What is the deadline to claim the elective share in Massachusetts?

Deadline to elect in Massachusetts: 6 months after probate of the will. The probate court can extend the time if the will's validity is challenged.

Is Massachusetts a community property state?

No. Community property state in Massachusetts: no. Not on the IRS list of community property states.

Where do the Massachusetts spousal elective share laws come from?

The rules above come from Mass. Gen. Laws ch. 191, 15. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.