What is the primary purpose of an elective share?

The primary purpose of an elective share is to ensure that a surviving spouse receives a portion of the deceased spouse's estate, regardless of what the will states. This legal provision protects the surviving spouse's financial interests and prevents an unfair disinheritance. It allows the surviving spouse to claim a predetermined share of the estate, which encourages fair treatment and recognizes the spouse's contributions to the marriage. The concept of an elective share is rooted in recognizing the importance of the marital partnership and providing security for the surviving partner.

Other options do not accurately reflect the core function of an elective share. While equal distribution among heirs may be a goal in some estates, it is not the specific purpose of an elective share. Protecting the estate from creditors is a different legal concept focused on safeguarding the assets from claims by creditors. Finally, the method of property transfer is governed by different legal considerations, not directly related to the elective share.