When a spouse passes away, in California, a surviving spouse may face more than just emotional grief; they also face legal and financial uncertainty. Whether or not a will or trust is in place, it’s important to understand your rights under California law to ensure your rights are protected.
What rights does a surviving spouse have? The good news is you have substantial rights in California that make it difficult to fully disinherit you, barring exceptional circumstances. A seasoned counsel can ensure those rights are protected.
“When a spouse dies, it’s not just grief that follows; it’s also questions about your rights, your home, and your future,” said Anum Arshad, a Partner at Gokal Law Group who served as an Academic Fellow for Evidence at Chapman University Dale E. Fowler School of Law and received the CALI Award for the highest grade in Securities Regulations. She was also the Production Editor of the Nexus Journal of Law and Policy. “As probate attorneys, we see too many surviving spouses assume they have no say. But in California, you have powerful rights even if the estate plan tries to say otherwise,” she said.
We are more than happy to guide you through surviving spouse rights under California probate law and how to assert those rights during a difficult time.
What Rights Does a Surviving Spouse Have in California?
In California, a surviving spouse has significant rights to inheritance, especially when you factor in community property and, at times, separate property. If there is no will, the surviving spouse inherits 100% of the community property.
Even if there is a will, the surviving spouse could be entitled to a share of the deceased spouse’s estate, including a portion of their separate property. Here’s what to know about surviving spouse rights and when you need to work with an attorney to enforce them.
Related Article: What Are Signs of Inheritance Theft?
Community Property vs. Separate Property: The Foundation of Spousal Rights
California is a community property state, meaning that all assets and debt acquired during marriage are presumed to be owned jointly by both spouses.
Upon death, the surviving spouse automatically retains their 50% interest in community property. The decedent’s 50% share is either distributed through:
- A valid will or trust
- Or, if there’s no estate plan, through California’s intestate succession laws
However, it’s important to understand that separate property, which is property acquired before the marriage or by gift/inheritance, does not automatically go to the surviving spouse unless specified in an estate plan.
Related Article: What Happens to a Jointly Owned House When Someone Dies?
What Happens If There’s No Will? (California Intestate Succession)
If your spouse died without a will, their estate will be distributed according to California intestate succession laws, also known as next-of-kin laws. This is the order of distribution:
- If no children, parents, or siblings survive, the spouse inherits everything.
- If there is one child or parent, the spouse inherits all community property and half of the separate property.
- If there are two or more children, the spouse inherits all community property and one-third of the separate property.
Keep in mind these laws apply only to probate property, not assets that pass on automatically and avoid probate, such as joint tenancy property or retirement accounts with designated beneficiaries.
Related Article: Intestate Succession Order Under California Probate Law
What If There Is a Will or Trust?
If a valid will or trust exists, its terms generally control how the estate is distributed. But under California Probate Code § 21610, surviving spouses may still have rights even if they’re not named in the estate plan.
This law is in place to protect spouses who have not been included in the decedent’s will or trust by providing them with a share of the decedent’s community, quasi-community, and separate property.
To understand how this law impacts your specific situation, it’s important to consult with a probate litigation attorney to gain clarity regarding your surviving spouse rights.
Related Article: Does a Marriage Override a Trust in California?
Can a Surviving Spouse Be Disinherited in California?
Under California law, a surviving spouse usually cannot be completely disinherited from their share of community property. However, separate property can be given to others through a will or trust.
Further, there are some ways a surviving spouse can be fully or partially disinherited, including situations where:
- There is a valid prenuptial or postnuptial agreement
- There is clear evidence that the decedent intended to disinherit them
- The spouse waived their rights in writing
If you believe you’ve been unfairly disinherited, you may have grounds to challenge the estate plan. In these situations, it is crucial to seek legal counsel from a probate litigation attorney to assess your situation, enforce your rights, and receive your rightful inheritance.
Related Article: Can a Divorced Spouse Inherit from their Former Partner?
Can a Surviving Spouse Contest a Will or Trust?
Yes, a surviving spouse has legal standing to contest a will or trust in California probate court when they believe they have been wrongfully disinherited. However, they must have the legal grounds to do so. Legal grounds to contest a will or trust include:
- Undue influence or coercion when creating, executing, or amending the document
- Lack of capacity when the document was signed
- Forgery or fraud when creating, executing, or amending the document
- Improper execution of the document
The above are just a few examples of legal grounds to contest a will or trust, and these legal grounds can manifest in countless ways.
Ultimately, these are complex claims requiring evidence and strategic legal support from a team with extensive experience in high-stakes probate disputes.
Related Article: How to Prove a Will is Fake in California
Surviving Spouses and Trust Litigation
Disputes often arise when the surviving spouse is not the sole beneficiary of a trust, especially in blended families. Children from a prior marriage may challenge distributions or claim certain property was separate. Common areas of trust litigation include:
- Disagreements over what is community vs. separate property
- Allegations of undue influence by a surviving spouse or stepchildren
- Interpretation of trust language
- Breach of fiduciary duty by a surviving spouse acting as trustee
In these cases, clear documentation and experienced counsel are critical to protect your rights.
“Whether you’re facing disinheritance or navigating a complicated trust, you deserve clarity, protection, and the peace of mind that comes with knowing your rights are enforceable, and we’re here to make sure they are,” said Arshad.
Related Article: What Evidence Do You Need When Contesting a Trust?
Let Us Protect Your Surviving Spouse Rights
So, what rights does a surviving spouse have in California? If you are a surviving spouse, it’s important to know that you have rights and are likely entitled to a substantial portion of your deceased spouse’s estate. At Gokal Law Group, we understand how overwhelming it is to grieve a spouse while navigating complex California probate laws. Whether you’ve been left out of an estate plan, are facing trust litigation, or just need clarity on your rights, we’re here to help.
Our probate and estate litigation team serves surviving spouses in California with professionalism, compassion, and results-driven advocacy. We’ll evaluate your case, explain your options, and protect the legacy you built with your spouse. Contact us today to schedule a consultation and take the next step toward peace of mind.
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