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Elective share is the process in which a surviving spouse may choose to take against the will of a deceased spouse because the deceased spouse has left less than 30% of his or her estate (this includes probate and some non-probate assets) to the surviving spouse. The elective share is in addition to family allowance, the homestead property, and any exempt property that the surviving spouse is entitled to. The surviving spouse has a limited time in which to make an election to take his or her elective share. Valuation of the elective estate, which determines the amount of the elective share the surviving spouse is entitled to, is complicated and it is highly recommended that the surviving spouse seek an attorney who is experienced with elective share and the elective estate.