It may come as a shock, but in the United States, disinheriting your spouse isn't as straightforward as you might think. In many states—including Washington, D.C.—you cannot completely disinherit your spouse unless they have formally agreed to waive their inheritance rights through a prenuptial agreement, postnuptial agreement, or another type of marital contract. However, this restriction typically does not extend to other family members. With proper estate planning, it’s usually possible to exclude siblings, nieces, nephews, grandchildren, and sometimes even children from your estate.
Important: Spousal Inheritance Laws Differ from State to State
There isn’t a single federal rule governing what a surviving spouse is entitled to inherit. Instead, inheritance rights are determined by individual state laws, including rules about elective shares and community property. These laws differ significantly from one state to another. Depending on where you live or own property, your surviving spouse’s inheritance rights could be influenced by various factors, such as:
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The length of the marriage
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Whether the marriage produced children
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The value of property owned solely by the deceased spouse
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Whether the surviving spouse received any assets outside of probate (like beneficiary designations or jointly owned accounts)
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The total value of the "augmented estate," which includes both probate assets and certain non-probate assets like transfer-on-death accounts or payable-on-death designations
For instance, in Florida, a surviving spouse can claim an elective share equal to 30% of the deceased spouse’s elective estate. This includes not just probate assets, but also certain non-probate assets—such as life insurance cash values, retirement accounts, revocable trust assets, joint accounts, and transfer-on-death accounts. Any debts owed by the deceased reduce the value of the elective estate.
Additionally, each state sets its own deadline for a surviving spouse to assert their inheritance rights—ranging from a few months to a few years after death.
Act Fast if You’ve Been Disinherited
If your late spouse tried to exclude you from their estate, it’s critical to seek legal help immediately. State laws often impose strict time limits, and once those pass, you could lose the right to claim what’s legally yours. Consulting with a knowledgeable estate administration attorney as soon as possible can help you understand your rights and protect your interests during this difficult time.