Curtesy Interest
What Does Curtesy Interest Mean?
Curtesy interest refers to a husband’s right to inherit his deceased wife’s property. Most states have abolished this interest, along with its female counterpart, the dower. These traditional rights have been replaced by other laws, such as the laws of descent and distribution, which govern the distribution of property upon death. With the automatic right largely gone in most places, couples who want a surviving spouse to be covered usually handle it through wills and by carefully following the rules around naming a life insurance beneficiary.
Insuranceopedia Explains Curtesy Interest
Curtesy interest applies only to properties acquired during the marriage. Variations exist among the states that still recognize curtesy and dower laws. For example, factors such as divorce or adultery may disqualify a spouse from claiming rights over any property in the deceased’s estate.
However, most states have eliminated this legal interest and now distribute a deceased person’s property according to more modern legislation. In practice, a life insurance policy paired with a valid will does most of the work that curtesy once did, giving a surviving spouse a direct payout without waiting on probate.
