What is the minimum elective share a surviving spouse is entitled to claim in Delaware?

In Delaware, the minimum elective share that a surviving spouse is entitled to claim is one-third of the elective estate. This elective share allows the surviving spouse to claim a portion of the deceased spouse's estate, regardless of what is stated in the will. The elective estate generally includes a broader range of assets than just what is mentioned in the will, encompassing other types of property the deceased owned at the time of death.

This provision is designed to protect the rights of the surviving spouse and ensure they receive a fair share of the couple's assets, which acknowledges the contributions of both spouses to the family unit and the financial wellbeing that may have been built during the marriage. In Delaware’s context, the elective share serves as a safeguard against disinheritance, allowing a spouse to claim this minimum percentage when they may otherwise be left with little or nothing based on the deceased's will.

The other choices reflect incorrect shares that do not align with Delaware law, as they either overstate or misinterpret the rights afforded to a surviving spouse in the context of the elective estate.