Can I disinherit my spouse or child in California?
1. Spousal Disinheritance. California is one of nine community-property states (along with TX, NM, NV, ID, WA, WI, LA, AZ). Under Cal. Prob. Code § 100, upon death each spouse already owns one-half of all community property — a decedent cannot devise away the survivor's half. The decedent has full testamentary power only over their separate property and their one-half of community property. California has no traditional elective share statute.
2. Augmented Estate. California has not adopted the UPC augmented-estate concept. Community-property law accomplishes a similar protective function automatically at death by vesting one-half ownership in the survivor.
3. Election / Omitted Spouse Procedure. A spouse omitted from a premarital will receives an intestate share of the decedent's separate property and one-half of community property under Cal. Prob. Code § 21610, unless (a) the omission was intentional and that intent appears in the will, (b) the decedent provided for the spouse outside the will with intent to be in lieu, or (c) the spouse waived rights by valid agreement.
4. Pretermitted Child. Under Cal. Prob. Code § 21620, a child born or adopted after execution of the will and not provided for receives an intestate share.
5. Intentional Disinheritance of Child. Express language defeating the omitted-child presumption is enforceable; California has no forced heirship for adult children.
6. Louisiana Forced Heirship. Does not apply in California.
7. Prenuptial / Postnuptial Waiver. California has adopted the Uniform Premarital Agreement Act (Cal. Fam. Code § 1610 et seq.); spouses may waive community-property rights with adequate disclosure and voluntary signing.
8. Homestead, Family Allowance, Exempt Property. Probate homestead (Cal. Prob. Code § 6520), family allowance (§ 6540), and exempt property protections apply regardless of will provisions.
9. Will Contest Grounds. Undue influence, lack of capacity, fraud, duress, or improper execution under Cal. Prob. Code § 8250 et seq.
This is legal information, not legal advice.
- You are drafting a will that deliberately omits a spouse or child
- You are a surviving spouse considering challenging a will or community-property classification
- You signed a prenuptial agreement and want to evaluate its enforceability against an estate plan
- Cal. Prob. Code § 21610
- Cal. Prob. Code § 21620
- Cal. Prob. Code § 100
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.