CA Prob Code Section 59


“Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:

(a)

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.

(b)

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

(c)

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

§ 59’s source at ca​.gov