What is the term for a statutory right allowing a surviving spouse to claim an interest in the decedent's property, regardless of a will's provisions?

The term for a statutory right that allows a surviving spouse to claim an interest in the decedent's property, regardless of the provisions of a will, is known as an elective share. This legal provision ensures that a spouse does not become disinherited by a will's terms and maintains a minimum interest in the deceased spouse's estate.

The elective share serves as a protection for the surviving spouse, allowing them to choose between accepting what is provided in the will or opting for a statutory share of the estate, which is typically a percentage of the total value. This concept is crucial in estate planning and distribution, as it recognizes the rights of the surviving spouse in matters of inheritance.

Other options do not fit this definition. Fee simple refers to a type of property ownership that is unrestricted and typically held in perpetuity. Homestead rights pertain to a legal exemption that protects a homeowner's primary residence from creditors, and legacy claim is not a recognized legal term in the context of a decedent's estate and survivorship rights. Knowing the significance of the elective share is essential for understanding marital rights in estate distribution in Virginia and other jurisdictions.