What is an indefeasible share for a surviving spouse?

An indefeasible share is a legal protection that guarantees a surviving spouse a specific portion of a decedent’s estate, preventing them from being completely disinherited.1

In the United States, where this system is most widespread, the share is typically defined as a fixed dollar amount combined with a fraction of the estate, or in some cases, simply a fraction of the total estate. This mechanism serves as a safeguard to ensure the surviving spouse receives a minimum level of financial support from the deceased's assets.1

However, the effectiveness of an indefeasible share can be limited. Because the share is calculated based on the estate at the time of death, it may be significantly reduced or entirely eliminated if the decedent transfers the majority of their property away before they die. To address this, some jurisdictions allow the surviving spouse to assert their rights against certain inter vivos (lifetime) transfers.1

The indefeasible share is one of several devices used to protect spouses, alongside other methods such as community property, dower, homestead laws, and family allowances.1