There is a newer version of the California Code
2011 California Code
Probate Code
DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591]
ARTICLE 4. Administrators
Section 8463
CA Prob Code § 8463 (through 2012 Leg Sess) What's This?
If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse, and was living apart from the decedent on the date of the decedent s death, the surviving spouse has priority next after brothers and sisters and not the priority prescribed in Section 8461.
(Enacted by Stats. 1990, Ch. 79.)
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