What Is a Dower?

A dower is a provision found in common law that entitles a widow to a portion of her husband's estate in the absence of a will. The provision of a dower allows the wife to provide for herself and any children born during the marriage. The widow is granted up to a one-third interest in her husband's assets in most circumstances. The concept has been significantly updated over the decades.

How a Dower Works

A dower provided a wife with increased financial security if her husband died without a will, a circumstance that's referred to as dying intestate.

A spouse forfeited her right to dower in some states if she was the guilty party in aওn annulment or divorce, usually 🐭caused by adultery.

Dying Without a Will

Portions of the Uniform Probate Code that dictate the rights of surviving spouses have been adopted by 18 states. It provides that the other spouse inherits the estate if one spouse dies without a will or estate plan.

澳洲幸运5开奖号码历史查询:Each state may have varying laws on rights to an estate so be sure to chec﷽🔯k with an attorney or other professional who's versed in the laws in your area.

The 1990 Uniform Probate Code

A change to the 1990 version of the Uniform Probate Code provides that:

"The intestate share of a decedent's surviving spouse is: 

(1) the entire intestate estate if: (i) no descendant or parent of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the 澳洲幸运5开奖号码历史查询:surviving spouse and there is no other descendant of the surviving🌠 spouse who survives the decedent; 

(2) the first [$200,000], plus three-fourths of any balance of the intestate estate, if no descendant of ꦿthe decedent survives the dece💫dent, but a parent of the decedent survives the decedent; 

(3) the first [$150,000], plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; 

(4) the first [$100,000], plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse." 

The Code Before 1990

Under the code before 1990:

"The decedent's surviving spouse received the entire intestate estate only if there were neither surviving descendants nor parents. If there were surviving descendants, the descendants took one-half of the balance of the estate in excess of $50,000 (for example, $25,000 in a $100,000 estate). If there were no surviving descendants, but there was a surviving parent or parents, the parent or parents took that one-half of the balance in excess of $50,000."

Spousal Inheritance Rights in 2025

The terms of spousal inheritance largely depend on state law as of 2025. An estate is distributed to family members in an order of priority according to the state's terms. Spouses are typically first in line, followed by children, grandchildren, then parents.

Unmarried and domestic partners do not make the list in most states although civil union partners can.

The Bottom Line

Dower rights are a thing of the past, at least by that name. Intestate succession, elective share laws, and the Uniform Probate Code address a spouse's inheritance rights in this day and age.

They all protect a spouse from being disinherited in most cases. Consult with an estate planning professional in your state if you're concerned about or have questions about your situation and rights.