What allows a surviving spouse to claim an interest in a decedent's property regardless of a will's provisions?

The elective share is a legal provision that ensures a surviving spouse has the right to claim a portion of a decedent's estate, regardless of what is stipulated in the will. This concept is essential in protecting the surviving spouse's financial interests and rights after the death of a partner, especially in situations where the will may not provide for the surviving spouse adequately or at all.

In most states, including Georgia, the elective share typically allows the surviving spouse to claim a certain percentage of the decedent's estate, which may be based on the length of the marriage and other factors. This right serves to prevent a scenario where a spouse would be entirely disinherited, promoting fairness and providing a minimum level of support.

The other terms listed do not apply to this context. Community property relates to how property is owned and shared during a marriage, which does not directly influence the allowance for a claim outside of a will. Probate execution deals with the legal process of administering a deceased person's estate, and testamentary capacity refers to an individual's legal and mental ability to create a valid will. None of these concepts provide the same protection for surviving spouses as the elective share does.