{"code":"PROB","codeName":"Probate Code","section":"21610","citation":"Prob. Code, § 21610","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101. - 21700.]","url":"https://blackletter.si/probate-code/division-11"},{"name":"PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600. - 21630.]","url":"https://blackletter.si/probate-code/division-11/part-6"},{"name":"CHAPTER 2. Omitted Spouses [21610. - 21612.]","url":"https://blackletter.si/probate-code/division-11/part-6/chapter-2"}],"history":"Added by Stats. 1997, Ch. 724, Sec. 34.   Effective January 1, 1998.","effective":"1998-01-01","html":"<p>Except as provided in Section <a href=\"/prob/21611\">21611</a>, 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:</p><p>(a) The one-half of the community property that belongs to the decedent under Section <a href=\"/prob/100\">100</a>.</p><p>(b) The one-half of the quasi-community property that belongs to the decedent under Section <a href=\"/prob/101\">101</a>.</p><p>(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.</p>","text":"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.","otherVersions":[],"url":"https://blackletter.si/probate-code/omitted-spouses-21610","source":"California Legislative Information bulk export (pubinfo)"}