Section 8463 Of Article 4. Administrators From California Probate Code >> Division 7. >> Part 2. >> Chapter 4. >> Article 4.

. If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse, and was living apart from the decedent on the date of the decedent's death, the surviving spouse has priority next after brothers and sisters and not the priority prescribed in Section 8461.