§ 78. — 78. (Amended by Stats. 2016, Ch. 50, Sec. 78.)

California § 78.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 1.: DIVISION 1. PRELIMINARY PROVISIONS AND DEFINITIONS
• Part 2.: PART 2. DEFINITIONS

Text

“Surviving spouse” does not include any of the following:
(a)
A person whose marriage to, or registered domestic partnership with, the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage or registered domestic partnership, the person is married to, or in a registered domestic partnership with, the decedent at the time of death.
(b)
A person who obtains or consents to a final decree or judgment of dissolution of marriage or termination of registered domestic partnership from the decedent or a final decree or judgment of annulment of their marriage or termination of registered domestic partnership, which decree or
judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.
(c)
A person who, following a decree or judgment of dissolution or annulment of marriage or registered domestic partnership obtained by the decedent, participates in a marriage ceremony with a third person.
(d)
A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital or registered domestic partnership property rights.

Legislative History

Amended by Stats. 2016, Ch. 50, Sec. 78. (SB 1005) Effective January 1, 2017.