Protecting the Widow It’s an emotional hardship when a spouse dies and leaves a spouse behind. The law of the probate code can actually help protect the widow or widower from some financial perils. For example, there are laws that help the widow(er) claim a “spousal share” or “elective share” of the estate. The “share” is a portion of the deceased spouse’s estate which the surviving spouse may claim in place or in addition to what the survivor was left in the...