California Probate Code 21610 – Except as provided in Section 21611, if a decedent fails to provide …
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.
Terms Used In California Probate Code 21610
- Community property: means :
California Probate Code 28
- Decedent: A deceased person.
- Estate: as used in this part shall include a decedent's probate estate and all property held in any revocable trust that becomes irrevocable on the death of the decedent. See California Probate Code 21601
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Quasi-community property: means the following property, other than community property as defined in Section 28:
California Probate Code 66
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
(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.)