100-147: Effects of Death of a Married Person
When it comes to estate planning and inheritance, California law gives particular attention to protecting the rights of surviving spouses. The first three parts of Division 2 of the California Probate Code establish foundational rules for how property is handled at death, especially in the context of marital or domestic partnerships. These parts work together to create a legal framework that balances fairness, consent, and contractual freedom in death-related property matters between spouses.
100-105: Effect of Death of Married Person on Community and Quasi-Community Property
This section defines how property is divided when a married person or registered domestic partner passes away. Typically, one-half of both community and quasi-community property goes to the surviving spouse, while the other half belongs to the decedent. However, couples can enter into written agreements to divide property differently, either by splitting specific items or the total value in a non-equal manner.
In cases where the decedent transferred property without adequate compensation and without the spouse’s consent, the surviving spouse may have the right to reclaim a portion of that property. This protects spouses from unfair property depletion prior to death. Importantly, this right does not apply to items like life insurance or pensions that were legally designated for others.
If both spouses pass away simultaneously or it’s unclear who died first, the law provides for an even split of property. Additionally, property held in certain trusts and transfers made before 1985 are treated under different, specific legal rules.
120: Surviving Spouse’s Right in California Real Property of Nondomiciliary Decedent
This section ensures that when someone dies while living outside of California but owns real estate within the state, their surviving spouse retains rights to that property. Essentially, it extends the spouse’s inheritance protections across state lines, treating the California real estate as if it were located in the decedent’s home state for inheritance purposes.
140-147: Contractual Arrangements Relating to Rights at Death
Couples in California can waive certain inheritance rights through written agreements. These waivers can be made before or during the marriage and can include a wide range of rights, such as claims to community property, probate homesteads, and family allowances. For such waivers to be enforceable, they must meet legal standards that ensure fairness and full disclosure, particularly if one spouse was not represented by legal counsel.
This section also permits changes to existing waivers through later written agreements and clarifies how waivers created prior to 1985 are handled. Overall, it offers a structured way for spouses to plan their estate arrangements while still ensuring transparency and legal protections.
Key Takeaways:
- California law automatically grants surviving spouses half of community and quasi-community property unless a valid agreement states otherwise.
- Spouses have rights to reclaim certain improperly transferred assets.
- Rights to California property extend to out-of-state spouses when the decedent owned real estate in California.
- Spousal rights can be waived by contract, but those waivers must meet strict fairness and disclosure rules.
- Rules differ for pre-1985 agreements, highlighting the importance of when and how estate contracts were made.
Conclusion
Parts 1 through 3 of California Probate Code Division 2 center on protecting surviving spouses while allowing couples the flexibility to shape their own estate plans. They address both default property rights and the enforceability of contractual arrangements, ensuring that surviving spouses are neither overlooked nor unfairly disadvantaged. These laws are essential in laying the groundwork for clear, fair, and enforceable outcomes after the loss of a partner.