Who may elect the elective share on behalf of the surviving spouse?

Who may elect the elective share on behalf of the surviving spouse?

• A. Administrator/executor
• B. Guardian/custodian
• C. Spouse themselves
• D. The court

Answer: (B)

The elective share is a right of the surviving spouse to claim a portion of the decedent’s estate, and the election is typically made by the surviving spouse. If the spouse cannot act—due to incapacity or minority—a guardian or custodian with authority over the spouse’s affairs may elect on the spouse’s behalf. The administrator or executor represents the decedent’s estate, not the spouse’s personal rights, so they don’t file the election for the spouse. The court doesn’t perform the election itself; it would appoint a guardian or allow someone already authorized to act for the spouse to file the election. Therefore, a guardian or custodian is the appropriate person to elect on behalf of the surviving spouse.

The elective share is a right of the surviving spouse to claim a portion of the decedent’s estate, and the election is typically made by the surviving spouse. If the spouse cannot act—due to incapacity or minority—a guardian or custodian with authority over the spouse’s affairs may elect on the spouse’s behalf. The administrator or executor represents the decedent’s estate, not the spouse’s personal rights, so they don’t file the election for the spouse. The court doesn’t perform the election itself; it would appoint a guardian or allow someone already authorized to act for the spouse to file the election. Therefore, a guardian or custodian is the appropriate person to elect on behalf of the surviving spouse.