§ 21610
137 words·~1 min read·
/ca/probate-code/21610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.