Skip to content
Oakclause

Spousal Elective Share Law in California

California is a community property state: when a married person dies, half of the community property and half of the quasi-community property belong to the surviving spouse.

Last checked . General information, not legal advice.

California at a glance

Elective share
Community property: survivor owns 1/2
Half of community and quasi-community property belongs to the surviving spouse at death; California relies on these rules rather than a percentage elective share.
Deadline to elect
Not applicable (no elective share)
Community property state
Yes

Sources

Last checked

The rules in California

How much can a surviving spouse claim in California if left out of the will?

Elective share in California: Community property: survivor owns 1/2. Half of community and quasi-community property belongs to the surviving spouse at death; California relies on these rules rather than a percentage elective share.

What is the deadline to claim the elective share in California?

Deadline to elect in California: Not applicable (no elective share).

Is California a community property state?

Yes. Community property state in California: yes.

Where do the California spousal elective share laws come from?

The rules above come from Cal. Fam. Code 760, Cal. Prob. Code 100 and Cal. Prob. Code 101. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.