Statute · California Probate Code

Cal. Prob. Code § 21610 — Omitted Spouses

Cal. Prob. Code § 21610

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
1998-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the omitted spouse shall receive a share in the decedent’s estate,…

Citator

Cal. Prob. Code § 21610 — Omitted Spouses is in force in the current edition of the Code, and nothing recorded condemns it.

Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the omitted spouse shall receive a share in the decedent’s estate, consisting of the following property in said estate:

(a) The one-half of the community property that belongs to the decedent under Section 100.

(b) The one-half of the quasi-community property that belongs to the decedent under Section 101.

(c) A share of the separate property of the decedent equal in value to that which the spouse would have received if the decedent had died without having executed a testamentary instrument, but in no event is the share to be more than one-half the value of the separate property in the estate.