What does the right of election provide to the surviving spouse upon the other spouse's death?

The right of election is a legal concept that allows a surviving spouse to choose between a pre-determined share of the deceased spouse's estate—often outlined in a will or trust—and a larger portion defined by statutory rights. This right is designed to protect the surviving spouse, ensuring they receive a fair share of the marital assets.

In the context of the choices provided, the correct answer indicates that the amount the surviving spouse receives is connected to the duration of their marriage. This means that the length of the marriage can impact how much of the estate the surviving spouse is entitled to, reflecting considerations of equity and fairness in the division of marital property.

The other options do not accurately reflect the concept of the right of election. For instance, a fixed percentage of the estate, regardless of marriage length, does not account for the circumstances and contributions of the surviving spouse throughout the duration of the marriage. Exclusive rights to the estate or the ability to rearrange estate distribution would suggest complete control or discretion that is not typically afforded by the right of election, which is more about choosing from the available options rather than altering terms.