{"code":"PROB","codeName":"Probate Code","section":"101","citation":"Prob. Code, § 101","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 2. GENERAL PROVISIONS [100. - 890.]","url":"https://blackletter.si/probate-code/division-2"},{"name":"PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100. - 105.]","url":"https://blackletter.si/probate-code/division-2/part-1"}],"history":"Amended by Stats. 2016, Ch. 50, Sec. 80.   (SB 1005)   Effective January 1, 2017.","effective":"2017-01-01","html":"<p>(a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent.</p><p>(b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of quasi-community property.</p>","text":"(a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of quasi-community property.","otherVersions":[],"url":"https://blackletter.si/probate-code/effect-of-death-of-married-person-on-community-and-quasi-101","source":"California Legislative Information bulk export (pubinfo)"}