If there is a family member you wish to intentionally exclude from receiving any portion of your estate, you may do so by not naming them as a beneficiary. While it is not necessary, you may use the Instructions to Advocates section to list any such people, explain why they have been excluded, and state your wishes regarding how the exclusion should be communicated to the person.
If you would like to exclude your spouse...
Please be aware that the law of your state may allow your surviving spouse to demand a larger portion of your estate if what you left your spouse in your Will or Trust is less than the minimum amount that the law requires you to leave your spouse. The law of your state may also entitle your surviving spouse to a portion of your estate if you get married after you form your estate plan. Check the charts below for the statutes regarding a spouse's "elective share" and "wills made prior to marriage" in your state:| State | Spousal Elective Share Statute |
| AL | Ala. Code § 43-8-70 (1975) |
| AK | AS 13.12.202 |
| AZ | The state does not appear to have a statute regarding a spouse's "elective share" |
| AR | Ark. Code § 28-39-401 |
| CA | The state does not appear to have a statute regarding a spouse's "elective share" |
| CO | C.R.S. § 15-11-202 |
| CT | Conn. Gen. Stat. § 45a-436 |
| DE | 12 Del. C. § 901 |
| DC | D.C. Code § 19-113 |
| FL | Fla. Stat. § 732.201 |
| GA | The state does not appear to have a statute regarding a spouse's "elective share" |
| HI | HRS § 560:2-202 |
| ID | Idaho Code § 15-2-203 |
| IL | 755 ILCS 5/2-8 |
| IN | IC 29-1-3-1 |
| IA | Iowa Code § 633.236 |
| KS | K.S.A. 59-6a202 |
| KY | KRS 392.080 |
| LA | La. C.C. 2432 |
| ME | 18-C M.R.S. § 2-202 |
| MD | Md. Code, ET § 3-403 |
| MA | Mass. Gen. Laws ch. 191, § 15 |
| MI | MCL 700.2202 |
| MN | Minn. Stat. § 524.2-202 |
| MS | Miss. Code § 91-5-25 |
| MO | § 474.160, RSMo |
| MT | § 72-2-232, MCA |
| NE | Neb. Rev. Stat. § 30-2313 |
| NV | The state does not appear to have a statute regarding a spouse's "elective share" |
| NH | RSA 560:10 |
| NJ | N.J.S. § 3B:8-1 |
| NM | The state does not appear to have a statute regarding a spouse's "elective share" |
| NY | N.Y. Est. Powers and Trusts Law § 5-1.1 |
| NC | N.C. Gen. Stat. § 30-3.1 |
| ND | N.D.C.C. § 30.1-05-01 |
| OH | R.C. §2106.01 |
| OK | Okla. Stat. tit. 84, § 44 |
| OR | ORS 114.600 |
| PA | 20 Pa.C.S. § 2202 |
| RI | R.I. Gen. Laws § 33-28-1 |
| SC | S.C. Code § 62-2-201 |
| SD | SDCL 29A-2-202 |
| TN | T.C.A. § 31-4-101 |
| TX | The state does not appear to have a statute regarding a spouse's "elective share" |
| UT | Utah Code § 75-2-202 |
| VT | 14 V.S.A. § 319 |
| VA | Va. Code § 64.2-302 |
| WA | RCW 11.12.095 |
| WV | W. Va. Code § 42-3-1 |
| WI | Wis. Stat. § 861.02 |
| WY | W.S. 2-5-101 |
| State | Will Made Prior to Marriage Statute |
| AL | Ala. Code § 43-8-90 (1975) |
| AK | AS 13.12.301 |
| AZ | A.R.S. § 14-2301 |
| AR | The state does not appear to have a statute regarding "omitted spouses" |
| CA | Ca. Prob. Code § 21610 |
| CO | C.R.S. § 15-11-301 |
| CT | Conn. Gen. Stat. § 45a-257a |
| DE | 12 Del. C. § 321 |
| DC | The district does not appear to have a statute regarding "omitted spouses" |
| FL | Fla. Stat. § 732.301 |
| GA | OCGA § 53-4-48 |
| HI | HRS § 560:2-301 |
| ID | Idaho Code § 15-2-301 |
| IL | The state does not appear to have a statute regarding "omitted spouses" |
| IN | The state does not appear to have a statute regarding "omitted spouses" |
| IA | The state does not appear to have a statute regarding "omitted spouses" |
| KS | K.S.A. 59-610 |
| KY | KRS 394.090 |
| LA | The state does not appear to have a statute regarding "omitted spouses" |
| ME | 18-C M.R.S. § 2-301 |
| MD | Md. Code, ET § 4-105 |
| MA | Mass. Gen. Laws ch. 190B, § 2-301 |
| MI | MCL 700.2301 |
| MN | Minn. Stat. § 524.2-301 |
| MS | The state does not appear to have a statute regarding "omitted spouses" |
| MO | § 474.235, RSMo |
| MT | § 72-2-331, MCA |
| NE | Neb. Rev. Stat. § 30-2320 |
| NV | NRS 133.110 |
| NH | The state does not appear to have a statute regarding "omitted spouses" |
| NJ | N.J.S. § 3B:5-15 |
| NM | NMS § 45-2-301 |
| NY | N.Y. Est. Powers and Trusts Law § 5-1.3 |
| NC | N.C. Gen. Stat. § 31-5.3 |
| ND | N.D.C.C. § 30.1-06-01 |
| OH | R.C. §2107.37 |
| OK | The state does not appear to have a statute regarding "omitted spouses" |
| OR | ORS 112.305 |
| PA | 20 Pa.C.S. § 2507 |
| RI | R.I. Gen. Laws § 33-5-9 |
| SC | S.C. Code § 62-2-301 |
| SD | SDCL 29A-2-301 |
| TN | The state does not appear to have a statute regarding "omitted spouses" |
| TX | The state does not appear to have a statute regarding "omitted spouses" |
| UT | Utah Code § 75-2-301 |
| VT | The state does not appear to have a statute regarding "omitted spouses" |
| VA | Va. Code § 64.2-422 |
| WA | RCW 11.12.095 |
| WV | W. Va. Code § 42-3-7 |
| WI | Wis. Stat. § 853.12 |
| WY | The state does not appear to have a statute regarding "omitted spouses" |
If you live in Louisiana...
If you live in Louisiana, you may be required to leave a portion of your estate to your children. If you have any forced heirs, Louisiana law requires you to leave a certain portion of your estate to them.
- If you have one forced heir, you must leave them at least one-fourth of your estate.
- If you have more than one forced heir, you must split at least one-half of your estate among them, in equal shares.
Forced heirs include:
- Children, if either of the following is true:
- The child is under 24 years old at the time you pass away.
- The child is, at the time you pass away, permanently incapable of taking care of their person or administering their estate due to mental incapacity or physical infirmity. The age of the child does not matter.
- Grandchildren, if either of the following is true:
- Your child who is their parent has passed away and your child who passed away would be under 24 years old if they were still living at the time of your death.
- Your child who is their parent has passed away and the grandchild is, at the time you pass away, permanently incapable of taking care of their person or administering their estate due to mental incapacity or physical infirmity. The age of the grandchild does not matter.
Forced heirs may be legally disinherited only for certain reasons. If you have concerns about forced heirs or wish to discuss disinheriting a forced heir, you should consult with an attorney in the state of Louisiana.