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Section 21610 Of Chapter 2. Omitted Spouses From California Probate Code >> Division 11. >> Part 6. >> Chapter 2.
21610
. 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.
(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.
