California Probate Code

§ 78

PROB § 78 Effective Jan 1, 2017Div. 1 · Part 2

Statute 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.

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Legislative history

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