A Spouse and the Will
18-C M.R.S. § 2-202 — an elective share of 50% of the marital property portion
The surviving spouse of someone who died living in Maine may elect to take an amount equal to 50% of the value of the marital property portion of the augmented estate, whatever the will says. The homestead allowance, exempt property and family allowance come in addition.
Who handles this in Maine: legal aid programs and the state offices, listed in the Maine directory.
Nine months. The election is a petition filed in court and sent to the personal representative within 9 months after the death or 6 months after the will is probated, whichever is later. A petition to extend the time may be filed within those 9 months.
A divorce or annulment revokes what a will or other instrument signed before it gave the former spouse. A separation that leaves the couple married does not.
Sources for this section (3)
- 18-C M.R.S. § 2-202 — Elective share
- 18-C M.R.S. § 2-211 — Proceeding for elective share; time limit
- 18-C M.R.S. § 2-804 — Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.