CA Prob Code Section 78

“Surviving spouse” does not include any of the following:


A person whose marriage to the decedent has been dissolved or annulled, unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death.


A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as husband and wife.


A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony with a third person.


A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Last Updated

Aug. 19, 2023

§ 78’s source at ca​.gov