Peace Talks Glossary

Peace Talks Glossary

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California Probate Code Section 21610

Share of Omitted Spouse

Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument will 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 the estate:

• The one-half of the community property that belongs to the decedent under Section 100.
• The one-half of the quasi-community property that belongs to the decedent under Section 101.
• 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 of the value of the separate property in the estate.

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