Elective Share, Eligibility
A surviving spouse has the right to claim an elective share when three main factors exist.

1. The surviving spouse was legally married to the decedent at the time of death.

2. The deceased spouse was domiciled in Pennsylvania at the time of death. Note that only the deceased spouse's domicile is considered and a surviving spouse who lives outside of Pennsylvania may still claim an elective share.

3. The surviving spouse did not desert or fail to support the deceased spouse for a period of at least one year prior to the deceased spouse's death.

Even with all of these factors, the right to an elective share will not be given to a surviving spouse who has entered a valid agreement to waive the right. These types of agreements can be made at any time before or after the marriage.

See: Elective Share, Generally; Elective Share, Claiming; Elective Share, Calculation