§ 21610. — 21610. (Added by Stats. 1997, Ch. 724, Sec. 34.)

California § 21610.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 11.: DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS
• Part 6.: PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN
• Ch. 2.: CHAPTER 2. Omitted Spouses

Text

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.

Legislative History

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