2011 California Code
Probate Code
DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700]
CHAPTER 2. Omitted Spouses
Section 21610


CA Prob Code § 21610 (through 2012 Leg Sess) What's This?

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.

(Added by Stats. 1997, Ch. 724, Sec. 34. Effective January 1, 1998.)

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