MBE Rules · Wills, Trusts & Estates

No Elective-Share Statute in California

N/A — California distinctive

The rule

Unlike many jurisdictions, California does not provide a general elective (forced) share for surviving spouses. Instead, the community-property system, the omitted-spouse doctrine, and intestacy protections perform the analogous function. A surviving spouse's CP interest is protected by the CP division at death rather than by an elective-share election.

In plain English

In California, surviving spouses do not have a right to an elective share of their deceased spouse's estate. Instead, the community property laws and other doctrines ensure that they receive their fair share of the couple's assets without needing to make an election.

Worked example

John and Mary were married and owned a house together as community property. When John passed away, he left a will that excluded Mary, but under California law, she still retained her half of the community property. Therefore, Mary automatically receives her share of the house despite the will's provisions.

Memory hook

In California, community property trumps elective shares!

The trap

Exams may present scenarios where a spouse is disinherited, leading students to mistakenly think an elective share applies, when in fact community property laws protect their interests.

How examiners test it

Questions often involve a surviving spouse contesting a will or discussing property division, testing knowledge of community property versus elective share concepts.

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