Most state statutes provide for surviving adult children to elect a share of the estate set out by law, often equal to a life share in one third of the estate.

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Most state statutes do not specifically provide for surviving adult children to elect a share of the estate; instead, elective share statutes typically protect a surviving spouse, allowing them to claim a portion of the estate to prevent disinheritance. Rights of children, especially adult children, to inherit are generally determined by intestacy laws if there is no will, and these laws vary widely but do not usually specify a life share in one-third of the estate.

Most State Statutes Provide for Surviving Adult Children to Elect