What can a surviving spouse typically claim from an estate?

A surviving spouse typically has the right to claim a share of the estate under community property laws or through statutory allowances. In jurisdictions that recognize community property, assets acquired during the marriage are jointly owned, meaning the surviving spouse is entitled to half of the community property regardless of how the deceased's will disposes of the estate.

Additionally, many states have laws that provide certain statutory allowances or exemptions for a surviving spouse, which may include a specific dollar amount or a percentage of the estate. These allowances are designed to ensure that the surviving spouse has a minimum level of financial support after the death of their partner.

The options regarding disclaiming a bequest and claiming only personal belongings do not reflect the broader entitlements that a spouse typically has under the law. Total leadership of the estate is also not a typical claim, because leadership or control of the estate often falls to an executor or administrator appointed according to the will or state law, rather than being granted automatically to the surviving spouse. Therefore, the right to claim a share based on community property or statutory allowances is the most accurate and comprehensive representation of a surviving spouse's entitlements from an estate.