MA H1944

Surviving spouses of Massachusetts decedents may elect to receive 50% of the "marital-property portion" of the augmented estate, which includes probate assets, nonprobate transfers, and the spouse's own property

The marital-property percentage scales from 3% for marriages under 1 year to 100% for marriages of 15 years or more, gradually increasing spousal rights based on marriage length

A supplemental elective-share amount of up to $75,000 is guaranteed if the spouse's total inheritance from various sources falls below that threshold

The augmented estate calculation captures assets that bypass probate, including joint tenancy property, life insurance proceeds, retirement accounts, and transfers made within 2 years of death

Spouses must file an election petition within 9 months of death or 6 months after will probate, and may waive elective share rights before or after marriage through signed written agreement