Protecting Estates.
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What rights does a spouse have in probate if omitted from a will?

In California, a spouse has significant rights during probate, even if omitted from a will. The state’s laws aim to protect spouses from being unintentionally excluded from their fair share of an estate. 

Understanding these rights can help spouses navigate this challenging situation.

The right to community property

California’s community property rules play a major role in probate proceedings. These laws ensure that spouses have a claim to half of all community property acquired during the marriage. If the deceased spouse’s will attempts to distribute community property without including the surviving spouse, community property still remains with the surviving spouse regardless.

Provisions for an omitted spouse

In addition to community property, California law provides for an “omitted spouse.” This applies when someone marries after creating a will and then passes away without updating it to include the new spouse. Unless the omission was intentional and clearly stated in the will, the omitted spouse has the right to claim a share of the deceased spouse’s estate.

An omitted spouse typically receives a portion of the estate that includes their share of community property and a share of separate property. This ensures that the surviving spouse is not left without financial support. However, this rule does not apply if the spouse was intentionally excluded in the will or if the couple had a valid prenuptial or postnuptial agreement limiting inheritance rights.

Disputing contests from other beneficiaries

Conflicts can arise when other beneficiaries contest the spouse’s claim. This can be especially common in cases involving blended families or significant assets. California law provides a framework to resolve these disputes, ensuring fairness and compliance with the deceased person’s intent.

A surviving spouse should act quickly to assert their rights during probate. California imposes strict deadlines for filing claims, and missing these deadlines can limit or eliminate a spouse’s ability to secure their inheritance. This potential for conflict highlights the importance of maintaining up-to-date estate plans to avoid unintended disputes.

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