{"data":{"id":"us-ca/prob-21610","jurisdiction":"us-ca","citation":"PROB § 21610","heading":"","body":"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:\n(a) The one-half of the community property that belongs to the decedent under Section 100.\n(b) The one-half of the quasi-community property that belongs to the decedent under Section 101.\n(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.","path":["Probate Code - PROB","DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101. - 21700.]","PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN [21600. - 21630.]","CHAPTER 2. Omitted Spouses [21610. - 21612.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"a1fdf4ca4882e82c71e7625d49c5a715a93ff7f05933ea0c201b3638a3971e9c","source_id":"us-ca","stale":false,"prev":"us-ca/prob-21601","next":"us-ca/prob-21611"},"notice":"GroundRules: Original legal text. Not legal advice."}